Excelsior Correspondent
Srinagar, Mar 19: High Court has suspended the sentence awarded to a drug peddler and directed his release on bail on account of his health conditions.
Justice Mohammad Yousuf Wani has directed the release of one Mohammad Junaid Raina of Kaloosa, Bandipora on bail subject to various conditions.
The court said that he shall not repeat the commission of crime and shall remain punctual at the proceedings of the main appeal. “The applicant/appellant shall not leave the limits of the Kashmir Division of the Union Territory of Jammu and Kashmir without permission of the SHO of his local police station”, the court directed.
The bail application filed on humanitarian grounds reveals that father of the applicant-convict namely, Abdul Jabar Raina is seriously ill, who has to undergo a serious liver surgery at AIIMS, New Delhi. The said application also reveals that the ailing father of the applicant-convict has no other person to look after him at hospital and thereafter at home. The application is supported with the copies of the medical records of the father of the applicant/convict.
Justice Wani after hearing the case at length said, the Court is convinced to allow the prayer of the applicant-convict on both counts. “Without touching the merits of the case, this Court is of the opinion that prima facie ground is made for suspension of order of sentence and enlargement of the applicant/convict on bail, subject to some reasonable conditions”, read the judgment.
Justice Wani said that admittedly there is bar under Section 37 of the Act for grant of bail to a person involved/ convicted in the commission of the offences under the Act in relation to commercial quantity, but in the opinion of the Court mentioned, ground appears to be made out for suspension of sentence and grant of bail to the applicant/ convict.
The accused-Raina came to be held guilty and convicted on the culmination of trial held by the trial on a police report/challan arising out of case FIR No. 113/2020 of Police Station, Parimpora, offence under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo the rigorous imprisonment for ten years and to pay fine of Rs. 1.00 lakh, with the stipulation that in case of default to pay the fine, he shall undergo the rigorous imprisonment of one year more. The order of sentence also provides that period already undergo by the applicant/convict shall be set off.
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