Kailash Kumar Patwari vs State Of Rajasthan
2021 Latest Caselaw 16478 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1028/2021

1. Kailash Kumar Patwari S/o Sita Ram Patwari, Aged About 65 Years, R/o Radha Kishanpura, Ward No. 29 Sikar, Owner Of The M/s Patwari Sales Agencies Behind Ram Mandir Station Road Sikar, Rajasthan.

2. Rajesh Kumar Patwari S/o Shree Kailash Kumar Patwari, Aged About 38 Years, R/o Radha Kishanpura, Ward No. 29 Sikar, Authorized Person Of The M/s Patwari Sales Agencies Behind Ram Mandir Station Road Sikar, Rajasthan.

----Appellants Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. Mahaveer Singh. For Respondent(s) : Mr. M.S. Bhati, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

28/10/2021

Heard.

Admit. Call for record.

Learned Public Prosecutor accepts notice on behalf of

respondent-State.

Heard on application for suspension of sentence No.

703/2021.

Upon a consideration of the arguments advanced on behalf

of the appellants and having regard to the facts and circumstances

of the case, this Court is of the opinion that it is a fit case for

(2 of 3) [CRLAS-1028/2021]

suspending the substantive sentence awarded to the accused

appellants.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the substantive sentence passed by

learned District and Session Judge, Hanumangarh in Session case

No.21/2011 (CIS No.09/2014) vide judgment dated 06.10.2021

against the appellants-applicants (1) Kailash Kumar Patwari & (2)

Rajesh Kumar Patwari shall remain suspended till final disposal of

the aforesaid appeal and they shall be released on bail subject to

deposit the fine amount as imposed by the learned trial Court,

provided they execute a personal bond in the sum of

Rs.1,00,000/- with two sureties of Rs.50,000/- each to the

satisfaction of the learned trial Judge for their appearance in this

court on 29.11.2021 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

4. Appellant shall deposit the fine amount as imposed by the learned trial Court.

The learned trial Court shall keep the record of attendance of

the accused-applicant(s) in a separate file. Such file be registered

as Criminal Misc. Case related to original case in which the

accused-applicant(s) was/were tried and convicted. A copy of this

order shall also be placed in that file for ready reference. Criminal

Misc. file shall not be taken into account for statistical purpose

(3 of 3) [CRLAS-1028/2021]

relating to pendency and disposal of cases in the trial court. In

case the said accused applicant(s) does not appear before the trial

court, the learned trial Judge shall report the matter to the High

Court for cancellation of bail.

(MANOJ KUMAR GARG),J

249-prashant/-

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