Mustkaqim Alias Guddu vs State Of U.P.
2024 Latest Caselaw 38426 ALL

Allahabad High Court

Mustkaqim Alias Guddu vs State Of U.P. on 21 November, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:182586
 
Court No. - 81
 

 
Case :- CRIMINAL APPEAL No. - 1405 of 2024
 

 
Appellant :- Mustkaqim Alias Guddu
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Qazi Abid Azam,Sadaful Islam Jafri
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Manoj Bajaj,J.
 

(Order on Appeal)

Admit.

List this appeal in due course.

(Order on Suspension of Sentence Application)

Applicant-Appellant, namely, Mustkaqim alias Guddu stands convicted through judgment dated 18.01.2024 passed by Special Judge (Gangster Act)/ Additional Sessions Judge, Court No.08, Bulandshahr in Special Sessions Trial No. 564 of 2007, arising out of Case Crime No. 368 of 2004, under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, registered at Police Station Shikarpur, District Bulandshahr and has been sentenced for commission of offence alongwith fine.

Learned counsel for applicant submits that the judgment of conviction dated 18.01.2024 is not based upon the correct appreciation of evidence as material discrepancies in the prosecution case have been ignored by the trial court. Learned counsel submits that applicant has been sentenced for commission of offence punishable under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, who has been inflicted with a sentence of imprisonment for three years alongwith fine. Learned counsel has drawn the attention of the Court to the order dated 18.01.2024 passed by Special Judge (Gangster Act)/ Additional Sessions Judge, Court No.08, Bulandshahr to contend that the trial court after convicting the applicant had suspended his sentence till the expiry of the limitation period provided for filing the appeal, to enable him to prefer the appeal. He prays for suspension of his sentence.

While opposing the prayer, learned AGA has not disputed the fact that the sentence imposed upon the applicant already stands suspended by the trial court vide order dated 18.01.2024.

After hearing the learned counsel for the parties and considering the above background, this Court is of the opinion that the appeal may not get mature for final hearing in near future, therefore, the concession of suspension of sentence deserves to be extended to the applicant-convict.

Resultantly, without meaning any expression of opinion on the merits of the appeal, the application is allowed and the order dated 18.01.2024 passed by the trial court suspending the sentence of the applicant-appellant is hereby made absolute.

Order Date :- 21.11.2024

A.N. Mishra