Don Sidney Manikka Hettiarahichi vs. Honourable Attorney General – CPA 70/2020-2021

In Attorney General v. Don Sidney Manikka Hettiarahichi, the court addressed whether bail pending appeal could be granted to a petitioner convicted under the Offences against the Public Property Act No. 12 of 1982, particularly in light of alleged exceptional circumstances due to serious medical conditions. It was held that recovery requirements following bypass surgery, substantiated through medical documentation, met the threshold for “exceptional circumstances” warranting the grant of bail pending appeal. The legal framework under the Offences against the Public Property Act and the Code of Criminal Procedure, as well as precedent interpreting the term “exceptional,” guided the decision. The decision underscored that judicial discretion must be exercised with due regard for both statuto

REF: CPA 70/2020-2021 Category: Tag:
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