Thebuwana Acharige Nishantha Udaya Kumara vs. Hon. Attorney General – CA PHC APN 80/2020-2021

In the case between the Hon. Attorney General, Attorney General’s Department, Colombo 12, and Thebuwana Acharige Nishantha Udaya Kumara, the court addressed the issue of entitlement to bail pending appeal following a criminal conviction. It was held that an accused, upon conviction and sentence, must demonstrate exceptional circumstances to justify bail pending appeal, even though this standard is not explicitly statutorily mandated. The decision reaffirmed the principle that such bail is an exception and not the rule due to the increased risk of absconding post-conviction. The court relied on Section 333(3) of the Code of Criminal Procedure Act No. 15 of 1979, Section 20(2) of the Bail Act No. 30 of 1997, and established legal precedent. The key takeaway is a strict adherence to the excep