Dawunda Wickrama Rajapaksa Wasala Munasinghe Mudiyanse Ralahamilage Rambukwelle Walawwe Ishan Udayanga v. The Hon. Attorney General – CA PHC APN 0127/21-2023

In the case between Dawunda Wickrama Rajapaksa Wasala, Munasinghe Mudiyanse Ralahamilage Rambukwelle Walawwe Ishan Udayanga (Petitioner) and Bodahandi Santhaka Kumara De Silva (Accused), with the Hon. Attorney General as Respondent, the court addressed the issue of whether the procedure for forfeiture and recovery under a bail bond adhered to the requirements of section 422 of the Criminal Procedure Code Act. The holding determined that the High Court’s order imposing a two-year term of imprisonment was contrary to the statutory mandate, which requires an initial attempt at recovery by attachment and sale of property under section 422(2) before considering simple imprisonment not exceeding six months as per section 422(4). The decision reaffirmed the principle that statutory forfeiture rec