JUDGMENT

Steve Ritikos JC:

A) Introduction

[1] This is an application by the prosecution for the Court to exercise its revisionary power to revise the order made by the learned Magistrate for bail under s 387 of the Criminal Procedure Code in the case of Magistrates' Court of Tawau, Sabah PP v. Zhuo Qiliang & 79 Others in Magistrates' Court Case No.: TWU-83-135-4/2026.

[2] This application for revision involved 80 foreign nationals (the accused persons) who were brought before the Magistrates' Court in Tawau on 15 April 2026 for an offence committed under s 120B of the Penal Code and read with s 34 of the same Code. The prosecution did not propose bail but the accused persons appli.e.d from the Magistrates' Court for them to be released on bail.

[3] After hearing both parti.e.s' arguments, the learned Magistrate had allowed bail in the sum of RM3,500.00 with two local sureti.e.s for each accused person.

[4] The prosecution appli.e.d for a revision against the Magistrate's decision to release the accused persons on bail.

[5] In this morning hearing, I will only determine this revision as against the accused persons who are present in Court and only in respect of the accused persons who have been granted bail for the offence under s 120B of the Penal Code and read with s 34 of the same Code. I have been informed by the learned Deputy Public Prosecutor that there were also some other accused persons herein who were also charged for immigration offences, however this revision is not in respect of the non-granting of bail for the immigration offences.

[6] The Supreme Court in Liaw Kwai Wah & Anor v. PP; [1987] 2 MLJ 69; [1987] CLJ (Rep) 163 set out the principle in criminal revision cases as follows:

"a. Power of revision

... s 323(i) Criminal Procedure (the Code), empowers a judge to call for and examine the record of any proceeding before any inferior Court for the purpose of satisfying himself as to the correctness, legality or propri.e.ty of any finding, sentence, or order recorded or passed.

b. Object of revision

... to confer upon criminal courts a kind of paternal or supervisory jurisdiction, in order to correct miscarriage of justice arising from misconception of law, irregularity of procedure, neglect of proper precautions or apparent harshness of treatment, which has resulted on the one hand in some injury to the due maintenance of law and order, or on the other hand, in some undeserved hardship to individuals.

c. Duty of High Court

Basically, the duty li.e.s with the High Court to see that the criminal law is properly administered by an inferior Court . The judge's duty is to satisfy himself as to the correctness, legality or propri.e.ty of any finding, sentence or order, recorded or passed and as to the regularity of any proceedings of such inferior Court ".

[7] Section 35 of the Courts of Judicature Act 1964 also confers the general supervisory and revisionary jurisdiction of the High Court :

"35.(1) In addition to the powers conferred on the High Court by this or any other written law, the High Court shall have the general supervisory and revisionary jurisdiction over all subordinate courts, and may in particular, but without prejudice to the generality of the foregoing provision, if it appears desirable in the interests of justice, either of its own motion or at the instance of any party or persons interested, at any stage in any matter or proceeding, whether civil or criminal, in any subordinate Court , call for the record thereof, and may remove the same into the High Court or may give to the subordinate Court such directions as to the further conduct of the same as justice may require".

B) The Charge

[8] All of the 80 accused persons are charged with an offence under s 120B of the Penal Code and read with s 34 of the same Code in the Magistrates' Court in Tawau. Bail was granted to all the accused persons despite objection from the prosecution.

C) Bail Application By The Accused

[9] From the outset,