Jharkhand High Court
Arbaz Khan vs The State Of Jharkhand on 28 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No. 650 of 2020
.....
Arbaz Khan --- --- Appellant
Versus
The State of Jharkhand. -- --- Respondent
---
CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh
The Hon'ble Mrs. Justice Anubha Rawat Choudhary
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For the Appellant : Mr. Mahesh Kr. Sinha, Adv.
For the State : Mrs. Nehala Sharmin, Spl.P.P.
---
06/28.02.2023 Heard learned counsel for the appellant and learned Spl.P.P. on
the renewed prayer for suspension of sentence of this appellant made through
I.A. No.6079 of 2022.
The sole appellant stands convicted for the offence punishable
under Sections 376-D, 379/34 and 506/34 of the I.P.C. by the impugned
judgment and order of sentence dated 20.06.2020 passed in Spl. (Children)
Case No.08/2019 by the court of learned Additional Sessions Judge-cum-
Special Judge, Children Court, Simdega and has been sentenced to undergo
rigorous imprisonment for 20 years with a fine of Rs.20,000/- to be paid to the
victim and a default sentence for the offence punishable under Section 376-D
of the IPC, RI for three years with a fine of Rs.5,000/- and a default sentence
for the offence punishable under Section 379/34 of the IPC and has also been
sentenced to undergo R.I. for two years with a fine of Rs.5,000/- and a default
sentence for the offence punishable under Section 506/34 of the I.P.C. The
appellant being a child in conflict with law was directed to be shifted to place
of safety in terms of Section 19(3) of the Juvenile Justice (Care & Protection
of Children) Act, 2015 till he attains the age of 21 years vide order of sentence
dated 20th June 2020.
The prayer for suspension of sentence was rejected earlier vide
order dated 1st July 2021 after going through the lower court records and on
merits. Learned counsel for the appellant has renewed the prayer for
suspension of sentence primarily on two grounds : (i) that a co-accused
Parwej Khan @ Md. Parwej Khan has been enlarged on bail by suspending
the sentence by a Coordinate Bench of this Court vide order dated 7 th April
2022 passed in Cr. Appeal (DB) No.656 of 2020; the said co-accused was
tried by the regular court and sentenced to R.I. for 25 years with fine under
the same provisions of Section 376(B) of the I.P.C. The present appellant has
been tried by the Children Court being a minor between 16-18 years having
committed a heinous offence and has been imposed with a sentence of 20
years with fine under the same provisions. (ii) The appellant has remained in
custody for about 4 years and 7½ months as on date. Therefore, he may be
enlarged on bail.
Learned Spl.P.P. has opposed the prayer. She submits that
reading of the order dated 7th April 2022 passed by the Coordinate Bench of
this Court would show that the appellant no.1 Parwej Khan @ Md. Parwej
Khan has been enlarged on bail as his name surfaced only on the confession
of the co-convict Arbaz Khan who was named in the F.I.R. by the informant.
It is submitted that the present case is therefore distinguishable on facts.
Appellant has remained in custody for only 4 years, 7 months and odd days
till date against the sentence of life imprisonment and this Court has earlier
rejected the prayer on merits. Therefore, prayer may be rejected.
Having considered the submissions of learned counsel for the
parties and the grounds urged by learned counsel for the appellant, it appears
that the case of the appellant was considered on independent grounds and on
merits by this Court earlier after going through the materials placed from
records. The other co-accused who was tried by a regular court namely Parwej
Khan @ Md. Parwej Khan has been enlarged on bail because his name
surfaced only during confession by a co-convict Arbaj Khan. Apart from that,
the appellant has remained in custody for only 4 years and 7 ½ months by
now against the sentence of 20 years. Therefore, we are not inclined to grant
the privilege of suspension of sentence to the appellant at this stage. As such,
prayer is rejected. I.A. No. 6079 of 2022 stands disposed of.
(Aparesh Kumar Singh, J.)
(Anubha Rawat Choudhary, J.)
Shamim/
