Tarik @ Nikki Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 22232 MP

Madhya Pradesh High Court

Tarik @ Nikki Khan vs The State Of Madhya Pradesh on 22 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 14008 of 2023
                                            (TARIK @ NIKKI KHAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-12-2023
                                 Shri Sunil Kumar Mishra- Advocate for appellant.

                                 Shri Yadvendra Dwivedi - Panel Lawyer for respondent/State.

None for victim, despite service of notice.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.26401/2023, this is first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant- Tarik @ Nikki Khan.

T h e appellant has been convicted vide judgment dated 30/10/2023 passed by Special Judge (Protection of Children from Sexual Offences Act, 2012), Tikamgarh in Special Case No. 82/2021 and he has been convicted for offence punishable under Section323 of IPC and under Section 7/8 of Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo RI for 10 years and 3 years and to pay fine of Rs.5,00/- and

Rs.2,000/- for each offence respectively with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant for aforesaid offence. Learned counsel for appellant submits that the period of custody of appellant has already suspended by trial Court till 30/11/2023 and said period has been further extended by this Court till next date of hearing, vide order dated 23/11/2023. There are fair chances of success of this appeal and final hearing of same will

take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellants prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

O n the other hand, learned Panel Lawyer has opposed the contention raised by learned counsel for appellant and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case coupled with the fact that period of custody of appellant has already been suspended by trial court itself till 30/11/2023 and said period has been further extended by this

Court till the next date of hearing by this Court, vide order datd 23/11/2023 and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant - Tarik @ Nikki Khan s hall remain suspended during the pendency of this appeal and he be released on bail subject to depositing entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in like amount to the satisfaction of the trial C o urt for securing his presence appearance before the trial Court on 05/02/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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