SUPREME COURT
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Aasif @ Pasha v. State of UP
| Table of Content |
|---|
| 1. overview of the appellant's conviction and sentence under various laws. (Para 3 , 4 , 5 , 6 , 7) |
| 2. court's error in not applying established rules for suspension of sentence for appeals. (Para 8 , 19 , 20 , 21) |
| 3. framework for suspension under section 389 of the code. (Para 12 , 18) |
| 4. final remand for reconsideration of suspension application. (Para 24 , 26) |
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 29/05/2025 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 S.7 & S.8 respectively of the POCSO Act, S.354, S.323 and S.504 respectively of the Indian Penal Code and S.3(1)(10) of the Scheduled Castes and Scheduled Tribes (
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