Supreme Court grants interim bail to South Kashmir man, flags 19-year delay in appeal


New Delhi, Dec 9, KNT: The Supreme Court has granted interim bail to Sabzar Ahmad Sofi of Bijbehara in Anantnag district, who was taken back into custody nearly 19 years after his acquittal was reversed by the High Court of Jammu and Kashmir and Ladakh.
Sofi had been acquitted on March 5, 2005, by the Sessions Court, Anantnag, in connection with a 2001 incident arising out of an irrigation dispute. The trial court had ruled that the prosecution failed to establish its case, citing contradictions in witness testimonies and lack of reliable corroborative evidence.
The acquittal was challenged by the State in 2006. However, the appeal remained pending for almost two decades. On July 30, 2025, the High Court reversed the acquittal, convicted Sofi under Section 304 Part II of the Ranbir Penal Code, and sentenced him to five years’ imprisonment. Following the verdict, Sofi was directed to surrender and was sent to jail, having lived as a free man for nearly 19 years.
During the hearing before the Supreme Court, Sofi’s legal team, led by senior advocate Shadan Farasat and assisted by advocates including Umair Andrabi, Tanisha, Naseer Jafri, Dilwar Barlaskar and others, questioned the prolonged delay in adjudicating the State’s appeal. The petition argued that reversing an acquittal after nearly two decades undermined the constitutional guarantee of a fair and timely legal process.
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The defence also raised concerns over the credibility of the prosecution’s main witness, pointing to inconsistencies in statements regarding the alleged weapon used, which was variously described as a liven and a belcha, and questioning discrepancies surrounding its alleged recovery.
Taking note of the submissions, a bench of the Supreme Court issued notice on the Special Leave Petition and directed that Sofi be released on interim bail, subject to terms and conditions to be fixed by the trial court. The matter will be heard further on a later date. [KNT]



