Warnaklasuriya Jude Ivone Fernando v. Director General, Commission to Investigate Allegation of Bribery or Corruption – CA PHC/86/2016-2016

In the case between the Director General, Commission to Investigate Allegation of Bribery or Corruption, Colombo 07 (Complainant/Respondent) and Kanakapullige Don Ajith Munasinghe (Accused), with Warnaklasuriya Jude Ivone Fernando (Petitioner, on behalf of the Accused), the court addressed whether the Court of Appeal should revise the High Court’s refusal to grant bail pending appeal to a convicted person on the basis of alleged exceptional circumstances—specifically, the delay in hearing the appeal. It was held that mere delay in the hearing of the appeal, absent other compelling factors, does not amount to an exceptional circumstance justifying the grant of bail after conviction. The findings reaffirmed that revisionary jurisdiction is to be exercised sparingly and only in manifestly exc