089-NLR-NLR-V-51-THE-KING-v.-COORAY-et-al.pdf
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WINDHAM J.—The King v. Cooray
1950Present: Windham J.THE KING v. COORAY ei al.
Appeal No. 1 of 1950S. C. 4—M. C. Colombo, 43,770
Court oj Criminal Appeal—Bail pending appeal—Proof of exceptional circumstancesnecessary.
In cases pending appeal to the Court of Criminal Appeal bail will be grantedonly in exceptional circumstances.
T
X HIS was an application for bail made in Chambers pending appealto the Court of Criminal Appeal.
M. M. Kumarakidasingham,, with Eardleg Perera, for 1st accusedapplicant.
R. A. Kannangara, Grown Counsel, for tho Attornoy-Gcneral.
January 19, 1950. Windham J.—
This is an application for release on bail pending appeal. The applicantwas convicted on 21st December, 1949, on a charge of criminal broachof trust and sentenced to six years’ rigorous imprisonment. He wasalso oonvicted on a chargo of conspiracy in respect of the same offence.
Release on bail will only be granted in cases pending appoal in excepttional circumstances. Having considered this matter carefully, Iconsidor that there aro in this caso exceptional circumstances whoreI am justified in granting tho application.
First of all the appeal will involve a largo number of accounts, and thoinvestigation of a large number of exhibits, 135 in number. Secondly,it has been statod on an uncontradicted affidavit on behalf of tho appli-cant that since his conviction ho has been an inmate of tho prisonhospital and is in a state of poor health. Thirdly, I am satisfied that thedanger of the applicant absconding is vory slight. Taking all thesecircumstances togothor 1 am satisfied that it is a proper case for thegranting of the application. The applicant will accordingly be releasedon bail in a sum of Rs. 5,000 with two sureties. The applicant, wholives at Moratuwa, shall as a condition of the rolcaso be under tho super-vision of the Moratuwa Polico pending hearing of the appeal. Tho Policewill be directed accordingly.
Application granted.