Warnakulasuriya Paul Peter Fernando vs. Lingara Ravindra – CA PHC APN 152/2014-2016

In the case between Warnakulasuriya Paul Peter Fernando (Petitioner, Surety) and the Hon. Attorney General (Respondent, on behalf of the State), the legal issue examined was whether the High Court Judge erred in both the process and the extent of punishment imposed upon the petitioner as a surety after the accused absconded bail. It was determined that the order for full forfeiture of the bail bond and imposition of a twelve-month imprisonment, without proper inquiry or providing an opportunity to show cause, contravened Section 422 of the Code of Criminal Procedure. The holding reinstated the principle that default sentences for sureties are limited by statute, and forfeiture procedures must follow due process. Reliance was placed on statutory interpretation, highlighting the necessity th