Officer in Charge Police Station, Bambalapitiya Vs. Chanaka Maduranga and others – CA PHC APN 33/2012-2012

In the case between Chanaka Maduranga (petitioner/accused) and the Hon. Attorney General, Officer in Charge, Police Station, Bambalapitiya (respondents), the court addressed the issue of whether the accused, having been held in remand for nearly five years due to delay in filing an indictment, should be released on bail. It was held that in the absence of objection from the State and in view of the prolonged remand attributable to prosecutorial delay, the accused is entitled to bail. The findings reaffirm the principle that undue delay in prosecution constitutes valid grounds for granting bail. This decision relied on the facts specific to the case and underscores the imperative that the right to liberty must be balanced against procedural delays when bail is considered.

A.W.A. Salam J. —