Aasif @ Pasha vs State of U. P. - 2025 Supreme(SC) 1168

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 1168

J. B. PARDIWALA, R. MAHADEVAN
Aasif @ Pasha – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Mohd. Fuzail Khan, AOR Ms. Shisba Chawla, Adv. Mr. Anisul Haque, Adv.

Table of Content
1. court dissatisfaction with the high court's denial to suspend sentence. (Para 1 , 2)
2. background of the case and proceedings. (Para 3 , 4 , 5 , 6 , 7 , 8)
3. consideration of sentence suspension principles. (Para 10 , 11 , 12 , 14 , 15 , 16 , 17)
4. assessment of high court's handling of suspension. (Para 18 , 19 , 21 , 22 , 23)
5. addressing procedural errors in the high court's approach. (Para 20)
6. court's order for re-evaluation by high court. (Para 24 , 25 , 26)

ORDER :

1. Leave granted.

2. The impugned Order is one more from the High Court of Judicature at Allahabad with which we are disappointed.

3. This petition arises from the order passed by the High Court of Judicature at Allahabad dated 29-5-2025 in Criminal Appeal No.8689/2024 by which the High Court declined to suspend the substantive order of sentence passed by the Trial Court.

4. It appears from the materials on record that the appellant was put to trial in the Court of 2nd Additional Sessions Judge/Special Judge(POCSO Act), Meerut, Uttar Pradesh in Protection of Children from Sexual Offences Act (POCSO) Case No.270/2016 for the offence punishable under Sections 7 & 8 respectively of the POCSO Act, Secti