Lamin Mohd Yunus PCA:

My learned brother NH Chan, JCA will now deliver the judgment of the court.

This court, as you have just heard, has no jurisdiction to entertain an appeal on the subject of bail.

However if I may add one other point. Raja Aziz Addruse, one of the learned counsels for the appellant (the accused below) submitted that the definition of the word "decision" in s. 3 as amended would appear to exclude a ruling on any matter extraneous to the disposal of issues in the main action. He said that a bail application would be such a matter. A matter of bail is determined in the light of whether it is a bailable offence (s. 387 CPC) or a non-bailable offence (s. 388 CPC). The Criminal Procedure Code defines what is a "bailable offence" and what is a "non-bailable offence." Clearly therefore it must relate to the charge with which an accused person is preferred. The purpose of a criminal trial is to dispose of the case in respect of the charge. The question of bail cannot be said to be unrelated to the trial. A non-bailable offence is indicated in the first schedule of the Criminal Procedure Code as being an offence against which the words "not bailable" appear. A