Sicille Priya Cannini Kothalawala Vs. Hon. Attorney General – CA PHC APN 27/2016-2016

In the case between Sicille Priya Carmini Kothalawala (6th Accused Petitioner) and the Hon. Attorney General (Complainant-Respondent), the court addressed the issue of entitlement to bail following refusal by the High Court. The court held that the Petitioner had demonstrated circumstances justifying the exercise of revisionary jurisdiction to set aside the High Court’s order, on the basis that the legislative intent of the Bail Act No. 30 of 1997 is to treat bail as the rule and remanding as the exception. The holding reaffirmed that alleged absconding, public disquiet, or the gravity of the offence do not, in the absence of supporting evidence and contrary to statutory presumptions, justify denial of bail under section 14 of the Bail Act. Reliance was placed on statutory interpretation a

REF: CA PHC APN 27/2016-2016 Category: Tag:
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