The Petitioners V The Attorney General – CA PHC APN 102/2016-2020

The case between the Democratic Socialist Republic of Sri Lanka (Represented by the Hon. Attorney General) and Rajapakse Mudiyanselage Nihal Rajapakse & Waraddana Mudiyanselage Balasooriya addressed whether the High Court of Kandy erred in refusing bail pending appeal to the convicted petitioners. The primary consideration was whether the existence of exceptional circumstances—namely, the length of sentence, personal circumstances of the petitioners, and procedural delay—justified the exercise of revisionary jurisdiction to overturn the High Court’s refusal of bail under the Prisons Ordinance and Bail Act. It was held that no such exceptional circumstances had been established. The decision reaffirmed the principle that bail pending appeal and revisionary powers are discretionary and are t