Officer in Charge, Police Station, Badulla vs Bandaranayake Mudiyanselage Nuwan Bandaranayake – CA PHC/186/13-2022

In the case between Bandaranayake Mudiyanselage Nuwan Bandaranayake (2nd Accused–Appellant–Petitioner) and the Officer in Charge, Police Station, Badulla, along with the Hon. Attorney General (Complainant/Respondents), the court addressed the issue of whether a convicted appellant for forgery and use of forged government mining licenses is entitled to a suspended sentence under Section 303 of the Code of Criminal Procedure Act, in light of the seriousness of the offence and the appellant’s status as a first-time offender. The holding affirmed that the appellant was not entitled to a fully suspended sentence, emphasizing that judicial discretion for leniency cannot be exercised where grave harm to the State and public interest is established, and substantive mitigating factors are absent. T