Attorney General v. Punchi Banda and Others – sllr 1986 volume 1 page 040

In the case between the Attorney-General and Punchi Banda and Others, the court addressed whether the High Court Judge of Kurunegala had jurisdiction to grant bail under section 403 of the Code of Criminal Procedure Act No. 15 of 1979 after the lapse of the Criminal Procedure (Special Provisions) Law No. 15 of 1978. It was held that, following the lapse of the Special Provisions Law, section 403(1) required the sanction of the Attorney-General for the grant of bail in relevant cases, and that the High Court Judge erred by granting bail under section 403(2) without such sanction. The principle reaffirmed is that bail on serious charges categorized under specific penal sections requires compliance with the statutory need for Attorney-General’s sanction. Reliance was placed on the clear wordi