Excelsior Correspondent
Srinagar, June 18: High Court has suspended the sentence awarded to an accused involved in drug trafficking and directed the jail authorities to release him from custody.
Justice M A Chowdhary suspended the sentence awarded to the accused involved in drug trafficking and directed the jail authorities to release him on furnishing personal bond of Rs 50, 000 with two sureties before jail superintendent.
The appellant-Ashok Kumar had been convicted and sentenced for the commission of offences punishable under Sections 20 NDPS Act on 16.08.2017 passed by Principal Sessions Judge Pulwama and was sentenced to undergo rigorous imprisonment for a period of 10 years and a fine of Rs one lakh, with further rigorous imprisonment for a period of one year under Section 419 RPC and in case of default of payment of fine.
The accused-Kumar challenged the verdict of trial court by filing an appeal along with the application seeking suspension of the sentence awarded to him by the trial court till the main appeal is decided by the High Court.
Justice Chowdhary suspended the sentence by observing that this court does not render it possible to expedite hearing in the main appeal as there seems to be no chance of appeal, filed by the appellant-Kumar against the sentence awarded to him, to be disposed of at an early point of time.
Court has also taken into consideration the period of custody of more than 09 years suffered by the appellant-Kumar and pendency of the appeal for more than five years. Court said, the possible time by which his appeal before this Court can be disposed of as such persuaded it to suspend the sentence of the applicant-appellant and release him on bail.
Court on releasing the accused-Kumar directed him to appear in the case on each and every date of hearing before this Court without any excuse and also to report to the SHO, Police Station, Pulwama at any time during the day light hours on the 2nd Saturday of every month. Court has also made it clear for the prosecution to seek cancellation of bail, on motion, in case concession of bail is misused by the appellant-Kumar in any manner.
Court viewed that the serious offence under NDPS Act, for which the applicant-appellant has been convicted, has to keep in mind for consideration of the application for suspension of sentence and bail, the criminal antecedents of the convict.
“As per nominal roll received from the Superintendent of the Jail concerned, applicant-appellant has been in incarceration for a period of 08 years 10 months and 29 days as on 30.09.2021, meaning thereby that the applicant-appellant has been in custody for more than 09 years”, court said.
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