Attorney-General and Others v. Sumathipala – sllr 2006 volume 2 page 126

In Attorney-General and Others v. Sumathipala, the court addressed whether section 404 of the Code of Criminal Procedure Act grants the Court of Appeal only appellate and revisionary jurisdiction, or also original jurisdiction, in the context of bail applications; and whether section 47(1) of the Immigrants and Emigrants Act prohibits granting of bail to persons charged under section 45. The court held that section 404 vests only appellate and revisionary jurisdiction in the Court of Appeal, and that section 47(1) clearly prohibits bail for offences under section 45, irrespective of constitutional arguments. The principle reaffirmed was that statutory language expressly prohibiting bail must be given effect, subject only to the undertakings previously accepted by the court. Consideration w