Muthugala Gedara Upul Priyantha vs Hon. Attorney General – CA NO. 34/2012-2013

In the case between Muthugala Gedara Upul Priyantha (Appellant) and Hon. Attorney General (Respondent), the court addressed the issue of whether the appeal against conviction should be withdrawn and determined the date from which the sentence was to be implemented. It was held that, upon the appellant’s application through counsel, the appeal was permitted to be withdrawn, resulting in its dismissal, and the sentence was directed to be implemented from the date of conviction (09th March 2012). This reaffirmed the principle that, upon dismissal of an appeal at the instance of the appellant with no objection from the State, the sentence may be directed to run from the date of conviction when the accused has not been released on bail. The decision relied on the admissions by both parties rega