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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 10483 of 2024
Court No. - 90 HON'BLE MANOJ BAJAJ, J. In Re: Criminal Misc. (Short Term Bail/Parole) Application. Applicant namely, Tausif Ahmad @ Mashini has filed this application for grant of interim suspension of sentence in the above appeal, arising against the judgment of conviction dated 10.9.2024 and order of sentence dated 11.9.2024 passed by Additional Sessions Judge, Gorakhpur in Special Session Trial No. 466 of 2019, arising out of Case Crime No. 164 of 2019, under Sections 376, 504, 506 I.P.C., Section 5/6 POCSO Act and Section 67 Information Technology Act, registered at Police Station Gorakhnath, District Gorakhpur.
Learned counsel for the applicant submits that pursuant to the conviction recorded on 10.9.2024, followed by order of sentence dated 11.9.2024, the applicant is serving the sentence of twenty five years rigorous imprisonment.
Learned counsel further states that the mother-in-law of the applicant expired on 29.1.2026 at Ayesha Heart Care Center and in this regard, he has drawn the attention of the Court to the death certificate of Ms. Sadratun Nisha (Annexure No.1), and prays for interim suspension of sentence, as being close relative, the applicant is to attend "Chaliswa" of his mother-in- law to perform her last rituals. On 24.2.2026, at the asking of the Court, learned A.G.A. accepted notice of the application, who was directed to verify the above fact. Learned A.G.A. on instructions from Incharge Inspector, Police Station Gorakhnath, District Gorakhpur submits that the grounds raised by the applicant-appellant in the application is not disputed, and indeed the Chaliswa of his mother-in-law is Versus Counsel for Appellant(s) : Ambreen Masroor, Sadrul Islam Jafri, Sr. Advocate Counsel for Respondent(s) : G.A. Tausif Ahmad Alias Mashini .....Appellant(s) State of U.P. .....Respondent(s)
scheduled to take place on 6.3.2026. Upon hearing the learned counsel and considering his submissions, this Court does not find any reason to deny the concession of interim suspension of sentence to the applicant-appellant for a period of two weeks keeping in view his conduct during trial, who never misused the concession of regular bail. Consequently, the application is allowed and it is ordered that as an interim measure the sentence imposed upon the applicant is suspended for a period of two weeks w.e.f. 27.2.2026 to 12.3.2026 subject to his furnishing the requisite bail bonds and surety bonds to the satisfaction of trial court. It is made clear that the applicant shall surrender himself before the Jail Authorities on 12.2.2026 before 5 p.m. (Order on Appeal) List this case on 16.3.2026. (Manoj Bajaj,J.) February 25, 2026 P.S.Parihar CRLA No. 10483 of 2024 2
Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad