Sayakkarage Manoda Kumuduni v. Officer in Charge, Police Station, Katuwana and Hon Attorney General – CA BAL/15/2020-2021

In the case between Sayakkarage Manoda Kumuduni and the Officer in Charge, Police Station, Katuwana, along with additional respondents, the court addressed the issue of bail eligibility under Section 10 of the Assistance to and Protection of Victims of Crime and Witnesses Act No. 04 of 2015, specifically relating to suspects accused of threatening and causing hurt to a witness to coerce withdrawal of a prior complaint. The holding established that exceptional circumstances existed to justify the granting of bail, based on significant procedural delay and lack of clear prosecution progress, despite the statutory presumption against bail. The principle reaffirmed is that remand under the Act is contingent upon prima facie evidence and that continued detention must not undermine rights protec

REF: CA BAL/15/2020-2021 Category: Tag:
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