The Court of Appeal has allowed celebrity preacher Da’i Syed to be released on bail while he appeals his 10-year prison sentence for rape.
PUTRAJAYA: The Court of Appeal today granted interim release to celebrity preacher Da’i Syed pending the disposal of his appeal against a rape conviction.
A three-judge panel unanimously allowed the 31-year-old’s application to stay the execution of his 10-year prison sentence and three strokes of the cane.
Justice Datuk Azmi Ariffin, who delivered the decision, said the court was satisfied special circumstances existed to justify granting bail.
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“We find that there are special circumstances warranting the applicant’s release on bail pending the disposal of his appeal,” he said.
Justice Azmi cited the applicant’s consistent attendance at previous court proceedings as a key reason.
“We do not see any risk of non-appearance at the appeal stage,” he added.
The court also noted this was his first offence.
Syed Shah Iqmal Syed Mohd Shaiful, his real name, was ordered released on a RM40,000 bail with two sureties.
He must surrender his passport and report monthly to a Shah Alam police station.
“If there is any breach of the conditions imposed, the bail granted today will be revoked,” Justice Azmi stated.
The prosecution had objected to the bail application but requested strict conditions if it was granted.
Deputy Public Prosecutor Atiqah Abdul Karim represented the prosecution in the case.
Lawyers M. Athimulan, Datuk Abu Bakar Isa Ramat and Mohamed Baharudeen Mohamed Ariff appeared for the preacher.
Athimulan argued his client, despite being a public figure, was entitled to equal treatment under the law.
Syed Shah Iqmal, currently serving his sentence at Kajang Prison, attended court in orange lockup attire.
His wife, Nurul Hana Ismail, was present in the public gallery during the proceedings.
The Shah Alam High Court had on Jan 23 this year dismissed his initial application for a stay of execution.
He was convicted and sentenced by the Shah Alam Sessions Court on Aug 30, 2024.
Sessions Court Judge Norazlin Othman had ordered the sentence to take immediate effect.
The High Court later granted a temporary stay on Sept 20, 2024, pending his appeal at that stage.
He had pleaded not guilty on Dec 10, 2020, to raping a 23-year-old woman.
The offence allegedly occurred at a condominium in Shah Alam on Sept 11, 2019.
He was charged under Section 376(1) of the Penal Code, which carries a maximum 20-year jail term and whipping.
The Sun Malaysia
