Arbaz Khan @ Chotu @ Rehan vs The State Of Madhya Pradesh
2023 Latest Caselaw 2167 MP

                                                            1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                    CRA No. 12392 of 2022
                                     (ARBAZ KHAN @ CHOTU @ REHAN Vs THE STATE OF MADHYA PRADESH)

                         Dated : 07-02-2023
                                Shri Ajay Gupta - Senior Advocate with Ms. Sakshi Pawar - Advocate

                         for the appellant.
                                Shri Akhilendra Singh - Government Advocate for the respondent/State.

Shri D.K. Mishra - Advocate for the objector.

Heard on I.A No.24664/2022 an application under Section 389(1) of

the Cr.P.C for suspension of sentence and grant of bail to appellant Arbaz Khan @ Chotu @ Rehan arising out of judgment dated 16/11/2022 delivered in Special Sessions Trial No.185/2021, by XVIII Additional Sessions Judge and Special Judge, POCSO Act, 2012, Bhopal (M.P.) is taken up for consideration.

T h e appellant has been convicted under Section 363 of I.P.C. and sentenced to undergo R.I. for seven years with fine of Rs.1,000/-, Section 366 of I.P.C. and sentenced to undergo R.I. for ten years with fine of Rs.1,000/- and Section 376(2)(n)(i) of I.P.C. read with Sections 5(1) & 6 of POCSO Act

and sentenced to undergo R.I. for twenty years with fine of Rs.1,000/- with default stipulations.

Learned Senior counsel for the appellant submits that as per prosecution story, on 30.01.2018 at around 10:30 O'clock, the appellant had forcibly taken the victim and committed offence of sexual assault thereby attracting Sections 363, 366 and 376(2)(i) of I.P.C. read with Section 3/4 of POCSO Act.

Learned Senior counsel submits that the determination of age by the Court below is erroneous. In fact, appellant and victim on their own volition Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 2/8/2023 11:52:33 AM

solemnised marriage and Nikahnama is placed on record with a recovering memo dated 06.02.2023. Out of the said wedlock, one son was born whose birth certificate is also placed on record wherein name of father is shown as Arbaz Khan (appellant).

It is submitted that the victim is residing with parents of appellant in the matrimonial home. Continuous incarceration of appellant will cause more harm than good. The Court below has committed an error in convicting the appellant. Thus, the remaining jail sentence of appellant may be suspended.

Learned Government counsel opposed the prayer on the basis of objection.

Learned counsel for the objector present in the Court urged that they have no objection, if remaining jail sentence of appellant may be suspended.

Considering the aforesaid factual backdrop and without expressing conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.24664/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Arbaz Khan @ Chotu @ Rehan is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Bhopal on 01st May, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                           (SUJOY PAUL)                                  (AMAR NATH (KESHARWANI))
Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 2/8/2023
11:52:33 AM

                              JUDGE       JUDGE
                         HK




Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 2/8/2023
11:52:33 AM