Ramu Thamotheram Pillai v Attorney-General – sllr 1997 volume 3 page 117

In the case between Jayanthi Silva and others (Plaintiffs) and the Attorney General (Defendant), the court addressed whether an accused convicted by the High Court is entitled to bail pending appeal without demonstrating “exceptional circumstances,” in contrast to the right to bail following convictions in Magistrate’s Courts. The court held that, although judicial discretion regarding bail pending appeal remains with the court under the Code of Criminal Procedure, such discretion must be exercised non–arbitrarily and not be bound exclusively to rigid standards such as exceptional circumstances. The statutory provisions analyzed included sections 323(1), 323(2), and 333(3) of the Code of Criminal Procedure, and reference was made to relevant precedents. The holding emphasized that, while H