Excelsior Correspondent
Srinagar, Apr 30: High Court has refused to suspend the sentence awarded by the trial court to a drug peddler and seek bail as his appeal is not being heard by the court.
Justice Sanjay Dhar dismissed the application filed by the accused-Bashir Ahmad Bhat through his counsel N A Ronga for suspension of his sentence of 10 years rigorous imprisonment with one lakh fine awarded to him by the Special Judge (Designated under NDPS Act), Anantnag for carrying of 70 Kgs of poppy straw in his vehicle.
Suspension of sentence and subsequently bail was sought on the ground that Bhat has already undergone more than four years of imprisonment while facing trial and that decision of appeal is going to take some time, therefore, he deserves to be enlarged on bail.
Justice Dhar while dismissing the application said it is true that he has been in custody for the last more than four years but mere fact that he has been in custody for such period would not entitle him to grant of bail unless it is shown that there is no likelihood of his appeal being taken up for hearing in near future.
During the course of arguments, advocate Ronga was given an option of arguing the main appeal finally but he sought time to argue the same. “So, it is not a case where the main appeal, which has been filed by the appellant recently in the month of November, 2025, is not being taken up for hearing by this Court but it is a case where the counsel for the appellant has sought time to argue the main appeal”, the court said adding with “Therefore, merely because the appellant is in custody for the last more than four years, it cannot be stated that his constitutional right guaranteed under Article 21 stands violated, particularly when the Court was inclined to hear the main appeal itself”.
Justice Dhar said there is no merit in the application dismissed the same with the liberty to the appellant to renew his prayer for suspension of sentence or grant of bail in case, for a reason not attributable to the appellant, his appeal is not heard by this Court in next six months.
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