Attorney General v. Wanninayake Mudiyanselage Punchibanda – CA 176/2012-2012

In the case between the Hon. Attorney General and Wanninayake Mudiyanselage Punchibanda, the court addressed the issue of whether an accused, acquitted on primary charges but convicted on a lesser charge and serving a nearly completed sentence, should remain in custody during the pendency of an appeal by the Attorney General. It was held that continued detention was not warranted under Section 333(1) and 333(2) of the Criminal Procedure Code or Section 20(1) of the Bail Act No. 3 of 1997, given the specific factual matrix. The court directed the immediate release of the accused, with a requirement to appear on the next appellate hearing date. This decision reaffirmed that the exercise of custody powers pending appeal requires strict statutory compliance and consideration of individual circ