Anvar Jeilaabdeen Nona Parushiya v. Hon. Attorney General, Attorney General’s Department – CPA 35/2022-2022

In the case between The Democratic Socialist Republic of Sri Lanka and Anvar Jeyalaabdeen Imithiyas, the court addressed the issue of whether prolonged delay in commencing trial, with the accused having been in remand since 2016, constitutes an exceptional circumstance justifying bail. The holding established that inordinate delay in the commencement of trial amounts to an exceptional circumstance under criminal procedure, necessitating judicial intervention in the consideration of bail. Reliance was placed on relevant precedents, including Attorney General vs. Ediriweera and Christopher v. Don Paul, underscoring that the accused’s extended remand constituted sufficient grounds for the High Court to reconsider bail. The judgment sets aside the prior refusal of bail and mandates a fresh con