Dachchaini v. The Attorney-General – sllr 2005 volume 2 page 152

In the case between Dachchaini (Plaintiff) and the Attorney-General (Defendant), the court addressed whether the entrenched requirement of demonstrating “exceptional circumstances” to grant bail should continue following the enactment of the Bail Act, No. 30 of 1997, or whether the Act mandates a new standard. It was determined that the Bail Act prescribes bail as the norm and refusal of bail as the exception, thereby shifting away from the former restrictive approach rooted in earlier statutes. The case reviewed the progression of bail law, highlighting that prior precedent demanded a threshold of “exceptional circumstances” for bail pendente lite or pending appeal. The High Court’s denial of bail to the 3rd Accused Appellant, based on such criteria, was set aside. The decision establishe