Madampitiyage Camil Nishantha vs. The Officer in Charge, Miscellaneous Complaints Police Station Marawila – CA BAIL 27/22-2022

In the case between Madampitiyage Camil Nishantha (suspect/applicant for bail, through petitioner Kuluwage Premalatha) and Kavindya Nilusha Lakshan (complainant/respondent), the court addressed the issue of bail eligibility for a suspect remanded under the Assistance to and Protection of Victims of Crime and Witnesses Act. The central question concerned whether the duration of the suspect’s remand amounted to an inordinate delay justifying release on bail. It was held that the conditions for exceptional circumstances required for granting bail under the Act had not been met, and the delay in proceedings was not deemed inordinate or exceptional. This interpretation reaffirmed the principle that bail under the relevant Act must be strictly limited to exceptional situations as defined by stat

REF: CA BAIL 27/22-2022 Category: Tag:
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