PUTRAJAYA, Feb 13 — The Court of Appeal has granted interim release to celebrity preacher Da’i Syed, whose real name is Syed Shah Iqmal Syed Mohd Shaiful, pending the disposal of his appeal against his conviction and 10-year prison sentence and three strokes of the cane for rape.
A three-judge panel comprising Justices Datuk Azmi Ariffin, Datuk Hayatul Akmal Abdul Aziz, and Datuk Meor Hashimi Abdul Hamid unanimously allowed the 31-year-old’s application to stay the execution of the sentence imposed by the Shah Alam High Court on January 23 this year.
Delivering the decision, Justice Azmi said the court was satisfied that special circumstances existed to justify granting bail.
“We find that there are special circumstances warranting the applicant’s release on bail pending the disposal of his appeal. Among the reasons is that the applicant has never failed to attend proceedings at the Sessions Court and the High Court.
“We do not see any risk of non-appearance at the appeal stage. There is no evidence in the affidavit to suggest that the applicant had absconded or failed to attend proceedings previously.
"We also take into account that this is his first offence,” he said.
The court ordered the accused's release on bail of RM40,000 with two sureties, and he is also required to surrender his passport and report monthly, beginning March 2026, to the Section 6 police station in Shah Alam, until the appeal is concluded.
“If there is any breach of the conditions imposed, the bail granted today will be revoked,” Justice Azmi added.
The prosecution was represented by Deputy Public Prosecutor Atiqah Abdul Karim, while lawyers M. Athimulan, Datuk Abu Bakar Isa Ramat, and Mohamed Baharudeen Mohamed Ariff appeared for Iqmal.
He filed the application after High Court Judge Adlin Abdul Majid dismissed his application for a stay of execution of the sentence on January 23.
Earlier, Atiqah submitted that the prosecution had objected to the application but urged the court to impose additional conditions if bail were granted.
Meanwhile, Athimulan argued that although his client is a public figure, he is entitled to equal treatment under the law.
Iqmal, who is currently serving his sentence at the Kajang Prison, was present in court dressed in orange lockup attire. His wife Nurul Hana Ismail was seen in the public gallery.
On August 30, 2024, the Shah Alam Sessions Court sentenced the accused to 10 years’ imprisonment and three strokes of the cane after finding him guilty of raping a 23-year-old woman. Sessions Court Judge Norazlin Othman ordered that the sentence take immediate effect.
However, on September 20 of that year, the Shah Alam High Court granted a stay of execution of the sentence, which had been in force for 21 days, pending disposal of his appeal at that stage.
The accused had pleaded not guilty on December 10, 2020, to raping the woman at a condominium unit in I-City, Section 7, Shah Alam, at 1.35am on September 11, 2019.
He was charged under Section 376(1) of the Penal Code, which provides for a maximum prison term of 20 years and whipping upon conviction.
