VidhiSangh

Supreme Court of India · 06/08/2025

AASIF @ PASHA versus THE STATE OF U.P. & ORS.

[2025] 8 S.C.R. 682 · 2025 INSC 944

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Summary

The High Court had refused to suspend, pending appeal, a fixed-term sentence of four years imposed under the POCSO Act, the IPC and the SC/ST (Prevention of Atrocities) Act. The Supreme Court held that the High Court ignored the settled principles governing suspension of a fixed-term sentence under Section 389 CrPC and merely reiterated the prosecution case; since an appeal of 2024 was unlikely to be heard soon, the sentence would run out and render the appeal infructuous. The order was set aside and the plea remitted for fresh consideration within fifteen days.

Issues

  1. Whether the High Court applied the correct principles under Section 389 CrPC in declining to suspend a fixed-term sentence of four years pending the convict's appeal.
  2. What approach an appellate court must adopt to a plea for suspension of a fixed-term sentence when the appeal is not likely to be heard in the near future.

Provisions considered

Held

Result

Appeal disposed of; High Court order dated 29.05.2025 set aside; matter remanded to the High Court to re-hear the application for suspension of sentence afresh at the earliest and pass an appropriate order within fifteen days; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 682.