Liyana Arachchige Manoj Bimsara Disanayake Vs. The Hon. Attorney General – CA BAL/17/2020-2021

In the case between The Democratic Socialist Republic of Sri Lanka (represented by the Hon. Attorney General) and Liyana Arachchige Manoj Bimsara Disanayake, the court addressed whether the Court of Appeal may grant bail to a petitioner under section 404 of the Code of Criminal Procedure Act (CPC) without appellate or revisionary proceedings, and whether a second bail application is permissible after an earlier refusal. The findings established that section 404 cannot be interpreted in isolation but must function in conjunction with sections 402 and 403, thereby limiting the grant of bail to instances proceeding from appellate or revisionary jurisdiction. The court emphasized, drawing upon Supreme Court authority, that independent bail applications under section 404 are not permissible exc