Sudeep vs State of U.P. and 3 Others

Notice in respect of opposite party-3, High Court Legal Services Committee, Allahabad was served in the office of opposite party-3 before filing the present appeal. However in spite of service of notice, no one has put in appearance on behalf of opposite party-3 to oppose this appeal even in revised call.

¶17

Issue notices to opposite parties-2 and 4. Notices issued to opposite parties-2 and 4 shall be made returnable on 10.11.2025. Notices shall further indicate that matter shall re-appear before Court for orders as fresh on 10.11.2025.

¶18

Put up this appeal for orders as fresh on 10.11.2025.

¶19

(Ref:-Order on the Application for Suspension of Sentence)-

¶20

Heard Mr. Saurabh Tripathi, the learned counsel for applicant/appellant and the learned A.G.A. for State-opposite party-1.

¶21

CRLA No. 1991 of 2025

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2

¶23

2. Perused the record.

¶24

By means of the impugned judgment and order dated 04.02.2025/05.02.2025 passed by Additional Sessions Judge/Special Judge POCSO Act, Court No. 43, Shahjahanpur in Session Case No.43 of 2017 (State of U.P. Versus Sudeep) arising out of Case Crime No. 398 of 2016, under Sections 354, 506 I.P.C. and Section 8 of POCSO Act, Police Station Praur, District Shahjahanpur, applicant-appellant has been convicted under Sections 354, 506 I.P.C. and Section 8 of POCSO Act, however, applicant/appellant has been acquitted of the charge under Section 504 I.P.C but have been sentenced for a maximum period of 3 years rigorous imprisonment along with fine in case of default in payment of fine, applicant/appellant is to undergo additional incarceration.

¶25

Since applicant/appellant has been convicted and sentenced under the POCSO Act, therefore, no order can be passed by this Court on the application for suspension of sentence without hearing the first informant opposite party-2.

¶26

Notice on behalf of State-opposite party-1 has been accepted by the learned A.G.A.

¶27

Notice in respect of opposite party-3, High Court Legal Services Committee, Allahabad was served in the office of opposite party-3 before filing the present appeal. However in spite of service of notice, neither any objections/counter affidavit has been filed on behalf of opposite party-3 in opposition to this application for suspension of sentence nor any one has put in appearance on his behalf to oppose the application for suspension of sentence even in revised call.

¶28

Issue notices to opposite parties-2 and 4. Notices issued to opposite parties-2 and 4 shall be made returnable on 10.11.2025. Notices shall further indicate that matter shall re-appear before Court for orders as fresh on 10.11.2025.

¶29

All the opposite parties may file their respective objections/counter affidavit to the application for suspension of sentence within four weeks'. Learned A.G.A. shall also bring on record the custody certificate of applicant/appellant alongwith the counter affidavit to be filed by him. Applicants/appellants will have two weeks' thereafter to file their rejoinder

¶30

CRLA No. 1991 of 2025

¶31

3

¶32

affidavit.

¶33

Put up this appeal for orders as fresh on 10.11.2025.

¶34

By the next date, the learned counsel for applicant/appellant shall file a list of dates, brief synopsis containing details of the prosecution evidence oral and documentary, material exhibits, defence evidence, points raised before court below and the findings returned by court below.

¶35

Learned counsel for applicant/appellant submits that subsequent to the impugned judgment and order dated 04.02.2025/05.02.2025 passed by Court below applicant/appellant was taken into custody. Accordingly, applicant/appellant filed an application for interim bail under Section 389(3) Cr.P.C/430 BNSS, the same is allowed by Court below vide order dated 05.02.2025. Certified copy of the said order is on record at page 91/92 of the paper book. Learned counsel for applicant/appellant further submits that interim bail granted to applicant/appellant by court below was for a limited period i.e. for a period limitation provided for filing the present appeal.

¶36

On the above premise, the learned counsel for applicant/appellant submits that interim bail granted to applicant/appellant be extended.

¶37

Considering the submission urged by the learned counsel for applicant/appellant as noted above, it is hereby provided that interim bail granted to applicant/appellant by court below shall remain in force till the next date fixed.

¶38

September 12, 2025 Imtiyaz

¶39

(Rajeev Misra,J.)

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Sudeep v. State of U.P. and 3 Others

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Sudeep v. State of U.P. and 3 Others

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