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EXCEPTIONAL CIRCUMSTANCES TO GRANT BAIL.

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EXCEPTIONAL CIRCUMSTANCES TO GRANT BAIL. Duncan Abeynayaka – LLB, Attorney At Law DECIDED JUDGEMENTS 01. ATTORNEY GENERAL VS EDIRIWEERA [2006] BLR PAGE 12 "In any event delay in listing of cases is not an exceptional circumstance as it is common to all cases." It is now settled law that an application for bail pending appeal can be allowed only upon establishment of exceptional circumstances. "Delay is always a relative term and the question to be considered is not whether there was mere explicable delay as when there is a backlog of cases, but whether there has been excessive or oppressive delay and this always depends on the facts and circumstances of the case"   02. RANIL CHARUK KUJATHUNGA V. AG CA (PHC) APN 134/2015 "The petitioner submits several grounds to consider bail. The Petitioner states that he is a married person with two school going children. The persons getting married and having children is not an exceptional ground. It is th
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INFORM THE REASON TO BE ARRESTED.

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INFORM THE REASON TO BE ARRESTED Duncan Abeynayaka – LLB, Attorney At Law   ARTICLE 13(1) OF THE CONSTITUTION No person shall be arrested except according to procedure established by law. Any person arrested shall be informed of the reasons for his arrest.   CODE OF CRIMINAL PROCEDURE ACT 23. (1) In making an arrest the person making the same shall actually touch or confine the body of the person to be arrested unless there be a submission to the custody by word or action and shall inform the person to be arrested of the nature of the charge or allegation upon which he is arrested. Explanation. - Keeping a person in confinement or restraint without formally arresting him or under the colourable pretension that an arrest has not been made when to all intents and purposes such person is in custody shall be deemed to be an arrest of such person; (2) If such person forcibly resists the endeavour to arrest him or attempts to evade the arrest, the person matting the arr
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CRIMINAL MISAPPROPRIATION OF PROPERTY.

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LEGAL PROVISIONS AND DECIDED JUDGEMENTS ON CRIMINAL MISAPPROPRIATION OF PROPERTY Duncan Abeynayaka – LLB, Attorney At Law.   PENAL CODE PROVISIONS 386. Whoever dishonestly misappropriates or converts to his own use any movable property shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 387. Whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offender at the time of such person's decease was employed by him as a clerk or servent, the imprisonment may extend to seven years. CODE OF CRIMINAL PROCEDURE ACT 165 (2 ) When the accused is
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