High Court of Embilipitiya vs Welhenage Wimalasiri – CA PHC APN/0120/2023-2023

In Welhenage Wimalasiri v. Hon. Attorney General, the court addressed the issue of whether bail pending appeal should be granted based on alleged exceptional circumstances after a conviction under Section 365(b)2(b) of the Penal Code. It was held that, in accordance with established legal precedent, bail pending appeal is only permissible under demonstrable exceptional circumstances, which were found not to exist in this instance despite medical concerns cited by the petitioner. The findings reaffirmed that the denial of bail was correctly based on the absence of exceptional circumstances, with reference to prevailing statutory interpretation and case law, and the appeal process was directed to be expedited as appropriate relief.

P. Kumararatnam J. — The petitioner’s conviction and sente