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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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JURY TRIAL OPTION IN SRI LANKA.

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  LEGAL PROVISIONS AND DECIDED JUDGEMENTS ON JURY TRIAL OPTION IN SRI LANKA. Duncan Abeynayaka – LLB, Attorney At Law   CRIMINAL PROCEDURE CODE, No 15 of 1979 Section 195. Upon the indictment being received in the High Court, the Judge of the High Court presiding at the sessions of the High Court holden in the judicial zone where at the trial is to be held shall - (a) cause the accused to appear or to be brought before him; (b) cause a copy of the indictment with its annexes to be served on each of the accused who will be tried upon that indictment; (c) inform the accused of the date of trial (d) subject to the provisions of section 403 direct the accused to execute a bond to appear in court for his trial or by warrant addressed to the superintendent of any prison authorize the detention of the accused pending his trial; (e) cause the accused to be finger-printed and forward the prints to the Registrar of Finger Prints for examination and report to the prose...
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FREEDOM FROM ARBITRARY ARREST.

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CONSTITUTIONAL ARTICLES & DECIDED JUDGEMENTS ON FREEDOM FROM ARBITRARY ARREST. Duncan Abeynayaka – LLB, Attorney At Law   SRI LANKA'S CONSTITUTION OF 1978 Article 13 (1) Freedom from arbitrary arrest, detention and punishment, and prohibition of retrospective penal legislation 1. No person shall be arrested except according to procedure established by law. Any person arrested shall be informed of the reason for his arrest. 2. Every person held in custody, detained or otherwise deprived of personal liberty shall be brought before the judge of the nearest competent court according to procedure established by law and shall not be further held in custody, detained or deprived of personal liberty except upon and in terms of the order of such judge made in accordance with procedure established by law. UNIVERSAL DECLARATIONS OF HUMAN RIGHTS Article 09 No one shall be subjected to arbitrary arrest, detention or exile.   INTERNATIONAL COVENANT ON CIVIL AND POL...
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