Walimuni Durayalage Piyadasa v. Hon. Attorney General – 67/2012-2015

In Walimuni Durayalage Piyadasa v. Hon. Attorney General, the court addressed the permissibility of withdrawal of appeal and the procedural consequences regarding the implementation of sentence under Section 359 of the Criminal Procedure Code. It was determined that upon application by the accused-appellant for withdrawal of the appeal, the court has the discretion to order the sentence to be implemented from the date of original conviction. The appeal was dismissed, and the original fine and compensation were maintained, emphasizing that criminal procedure allows such orders following withdrawal of appeal. This decision emphasized adherence to statutory provisions, clarifying the implementation of sentences when appeals are not pursued.

H.N.J. Perera J. — Upon the withdrawal of the appe