R.P. Ashen Charuka vs. Officer in Charge, Police Station Kuliyapitiya – CA BAIL 29/22-2022

In the case between R.P. Chaminda Wickramaearne (on behalf of R.P. Ashen Charuka) and the Officer in Charge, Police Station, Kuliyapitiya, the court considered the grant of bail to the 1st suspect under Section 10(1) of the Assistance to and Protection of Victim of Crime and Witnesses Act No. 04 of 2015. The matter centered on whether exceptional circumstances justified releasing the 1st suspect where over a year had elapsed with no charge filed and procedural shortcomings by the prosecution, including a failure to file formal objections. It was held that the prolonged remand period, absent formal charges or justified prosecution delay, constituted such exceptional circumstances warranting bail. The judgment relied on precedent addressing judicial discretion (Christopher v. Don. Paul (1990