SC grants interim bail to Bijbehara resident in 2001 irrigation dispute

New Delhi, Dec 09: The Supreme Court on Monday granted interim bail to Sabzar Ahmad Sofi of Bijbehara, Anantnag who, on the reversal of acquittal by the J&K High Court, was taken back into custody nearly 19 years after he had been acquitted by a trial court.

Sofi had been acquitted on 5 March 2005 by the Sessions Court, Anantnag, in connection with a 2001 incident arising out of an irrigation dispute.

The trial court had held that the prosecution failed to prove its case, noting contradictions in witness testimonies and the absence of reliable corroboration.

The State appealed the acquittal in 2006, but the appeal remained undecided for almost two decades.

On 30 July 2025, the High Court of Jammu & Kashmir and Ladakh reversed the acquittal, convicted Sofi under Section 304 Part II RPC, and sentenced him to five years’ imprisonment.

Following the High Court’s direction to surrender, Sofi was sent back to jail after nearly 19 years of living as a free man, a development that drew attention to the prolonged pendency of criminal appeals in the region.

Before the Supreme Court, Sofi’s legal team comprising Senior Advocate Shadan Farasat, Advocates Umair Andrabi, Tanisha, Naseer Jafri, Dilwar Barlaskar and others highlighted the discrepancies in the case.

The petition questioned the extraordinary delay of 19 years in deciding the State’s appeal, arguing that such a reversal after two decades violated the constitutional guarantee of a fair and timely process.

It also questioned the credibility of the prosecution’s primary witness, whose statements about the alleged weapon used shifted between a Liven (spade) and a Belcha (shovel), and raises inconsistencies in the alleged recovery of the tool.

The Supreme Court issued notice on the Special Leave Petition and granted Sofi interim bail, allowing him to be released while the matter is heard further.

“Learned senior counsel for the petitioner submits that out of the sentence of five years, the petitioner has already served sentence for about three years and four months. 3. Having regard to the aforesaid let the petitioner be 2 released on interim bail subject to such terms and conditions that may be imposed by the trial court,” said the top court, in its order.