Nishantha Priyalal De Alwis vs. The Hon. Attorney General – CA BAIL 70/2021-2022

In the case between Nishantha Priyalal De Alwis (Petitioner/Accused) and The Hon. Attorney General & Others (Respondents), the court considered whether bail should be granted to an accused who had previously absconded and had a warrant issued against him, under the Assistance to and Protection of Victims of Crimes and Witnesses Act No. 4 of 2015. The central issue pertained to whether the accused’s severe health condition, specifically a 95% blockage in his left coronary artery, constituted an exceptional circumstance overriding earlier risks of absconding. It was concluded that, although remand was initially ordered due to concern for the accused’s presence at trial, the necessity for specialized medical treatment amounted to an exceptional circumstance justifying bail. The court reaffirm