PESHAWAR, June 4: The Peshawar High Court on Friday dismissed a bail petition of former provincial minister Amanullah Kundi, who was convicted in a drug trafficking case.

Mr Kundi is being tried for escaping from police custody a decade ago while he was serving a prison term after being convicted by a speedy trial court.

The provincial government has already suspended his prison term under Section 401 of the Criminal Procedure Code and now he is in jail for absconding from law. A single bench of the high court, comprising Chief Justice Mian Shakirullah Jan, observed that presently, the petitioner did not deserve to be released on bail.

Shahnawaz Khan, lawyer appearing on behalf of the state, argued that the petitioner had remained absconder for about a decade and he did not deserve to be released on bail.

The petitioner was arrested in connection with a case of drug trafficking and a speedy trial court in Karachi had found him guilty of smuggling 10 kgs of heroin. He was handed over a rigorous imprisonment term of 25 years in January 1991.

As he belonged to Dera Ismail Khan, he was shifted there after his conviction. He was later shifted to a hospital on medical grounds from where he escaped in September 1992. A case was registered against him at Dera Ismail Khan Cantonment police station.

The petitioner had absconded for a decade and surrendered in April 2003. Soon after his surrender, he started efforts to get his sentence suspended or a remission in his remaining prison term. He had filed an application under Section 401 of the CrPC.

The move by the provincial government for suspending his prison term had also drawn criticism from various quarters and it was widely believed that the petitioner had "helped" some key MMA leaders in the 2002 general elections and by-elections held thereafter.

His counsel contended that a medical board in 2003 had confirmed that he was suffering from different ailments and he needed proper treatment. He added that the board had stated that the diseases he was suffering from were "permanent and incapacitating".

The board had stated that he was a "high-risk" patient. The counsel contended that keeping in view of the petitioner's bad health, he deserved to be released on bail.