Rizwan Khan @ Subhani Khan @ Rozwan Khan vs The State Of Jharkhand
2025 Latest Caselaw 7048 Jhar

Jharkhand High Court

Rizwan Khan @ Subhani Khan @ Rozwan Khan vs The State Of Jharkhand on 20 November, 2025

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr. Appeal (D.B.) No.738 of 2022
                                     -----
           Rizwan Khan @ Subhani Khan @ Rozwan Khan, son of late Khadim
           Khan, R/o village Katri, PO, PS and District Gumla, Jharkhand
                                                             ... Appellant(s).
                                     Versus
           The State of Jharkhand                         ... Respondent(s).
                                    ......
           CORAM       :      SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant(s) : Mr. A. K. Sahani, Advocate For the State : Ms. Nehala Sharmin, Spl. PP (through V.C.) .........

07 /20.11.2025: I.A. No. 14832 of 2025

By filing this interlocutory application, the appellant has renewed his prayer to suspend the sentence and release him on bail during pendency of this appeal. Earlier by a reasoned order on 18.07.2024 the application for suspension of sentence of the appellant has been rejected.

2. The appellant has been convicted and sentenced in connection with Spl. POCSO Case No. 19 of 2018. He has been convicted for the offences under sections 376-D of the Indian Penal Code and section 4/8 of the POCSO Act and sentenced to imprisonment for remainder of natural life and fine of Rs. 25,000/- under section 376-D of IPC read with Section 4 of the POCSO Act and other sentences for other offences.

3. Heard, learned counsel for the appellant and learned counsel for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

5. This is a case of gang rape of a girl child aged about 12 years by two persons. The victim has identified this appellant. The Doctor found sexual assault. We find that the Doctor has found cut injuries on the private part.

6. This is an application under section 389 of the Criminal Procedure Code read with section 415(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

7. The Hon'ble Supreme Court in Criminal Appeal No. 3409 of 2025 titled "Aasif @ Pasha vs. State of Uttar Pradesh and Others" in paragraph 10 and 14 had categorised two types of sentences one being fixed term and other being life imprisonment. It is also held that when the sentence is of life sentence the consideration for suspension of sentence would be of different approach.

8. The Hon'ble Supreme Court very recently in Criminal Appeal No. 4804 of 2025 titled "Chhotelal Yadav vs. State of Jharkhand and Another" in paragraph 16 has held that the only consideration that should weigh with the appellate Court while considering the plea for suspension of the sentence of life imprisonment is that the convict should be in a position to point out something very palpable or a very gross error in the judgment of the Trial Court on the basis of which he is able to make good his case that on this ground alone, his appeal deserves to be allowed and he may be acquitted.

9. In this case considering the statement of the victim girl and the medical evidence of the victim, we are of the opinion that no such good ground is made out as envisaged by the Hon'ble Supreme Court in the case of "Chhotelal Yadav" (supra).

10. Further, we find that the custody is only for about seven and a half year and the sentence is for imprisonment for remainder of natural life.

11. Thus, we are not inclined to release this appellant on bail.

12. I.A. No. 14832 of 2025 is dismissed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) 20.11.2025 Tanuj/-