Madhya Pradesh High Court
Karan Vadiwa vs The State Of Madhya Pradesh on 9 May, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3402 of 2022
(KARAN VADIWA Vs THE STATE OF MADHYA PRADESH)
Dated : 09-05-2022
Shri Uma Shankar Yadav, learned counsel for the appellant.
Shri Manohar Dixit, learned Panel Laywer for the respondent/State.
Trial Court record has been received.
Heard on admission.
This appeal is admitted for final hearing
Also heard on I.A.No.6473/2022, an application under Section 389(1) of
Cr.P.C. for suspension of jail sentence and grant of bail to the appellant
pending the appeal.
T h e appellant has been convicted for commission of offence under
Section 392 of IPC and has been sentenced to undergo R.I for 5 years and fine
of Rs.2000/- with default stipulations by the learned First Additional Sessions
Judge, Chhindwara vide judgment dated 28.02.2022 passed in ST No.
2500234/2016 (State of MP Vs. Karan Vadiwa).
Learned counsel for the appellant has submitted that during course of
trial, appellant was on bail and he has not misused the liberty granted to him by
way of bail. Learned counsel for the appellant has taken me through the
evidence of complainant Jaideep Dhakiya (PW-1), Deepak Patode (PW-2)
Naveen Bhavkar (PW-3), Firoz Khan (PW-4), Manish Yadav (PW-5), Javed
Khan (PW-6), Indrapal Vishwakarma (PW-8) and has submitted that there is
no cogent, reliable and admissible evidence against the appellant. Therefore,
Signature Not Verified
SAN appellant has fair chances to succeed in appeal. He shall abide by all the
Digitally signed by LALIT SINGH RANA
Date: 2022.05.10 14:04:53 IST conditions whatsoever imposed by this Court. Therefore, it has been prayed
that the appellant be released on bail pending the appeal.
O n the other hand, learned Panel Lawyer for the respondent/State has
opposed the prayer for grant of bail to the appellant.
I have gone thorough the evidence of prosecution witnesses, most of
them have turned hostile, learned counsel has pointed out the number of
contradictions and omissions appeared in the evidence of witnesses. However,
without expressing any opinion on merit of the case, I deem it proper to
suspend the remaining jail sentence of the appellant.
Consequently, I.A.No.6473/2022 is allowed. The execution of jail
sentence of appellant-Karan Vadiwa is hereby suspended subject to
depositing the fine amount, (if not already deposited). It is directed that the
appellants be released on bail on their furnishing a personal bond to a sum of
Rs.50,000/- (Rupees Fifty 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 on 26.09.2022 and also on such other dates, as may be
fixed by that Court in this regard during the pendency of this appeal.
List the case for final hearing in due course as per listing policy.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
L.R.
Signature Not Verified
SAN
Digitally signed by LALIT SINGH RANA
Date: 2022.05.10 14:04:53 IST
