Premdas Teji vs State Of Rajasthan (2025:Rj-Jd:2311)
2025 Latest Caselaw 4554 Raj

Rajasthan High Court - Jodhpur

Premdas Teji vs State Of Rajasthan (2025:Rj-Jd:2311) on 14 January, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:2311]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                         No. 552/2024
Premdas Teji S/o Dharmdas Teji, Aged About 60 Years, R/o
Harijan Basti Juni Bagar, Jodhpur (At Present Lodged In Central
Jail Jodhpur)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent


For Petitioner(s)        :     Mr. Abhishek Mehta
For Respondent(s)        :     Mr. Lalit Kishore Sen, AGA
                               Mr. P.C. Solanki



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

14/01/2025

Heard learned counsel for the parties and perused the

material available on record.

Learned counsel for the appellant submits that the appellant

was on bail during the trial and after conviction and during trial,

the appellant remained in custody for about a period of 2 year 4

months and 14 days and hearing of the appeal will take

sufficiently long time, therefore, the sentence of the appellant may

be suspended.

Learned Public Prosecutor and counsel for the complainant

opposed the prayer for suspension of sentence.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case including the facts that the appellant was on bail

during the trial and after conviction and during trial, the appellant

[2025:RJ-JD:2311] (2 of 3) [SOSA-552/2024]

remained in custody for about a period of 2 year 4 months and 14

days and the fact that hearing of the appeal is likely to take time,

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

suspending the substantive sentence awarded to the accused

appellant.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentence passed by learned Additional Session Judge No.6,

Jodhpur Metropolitan vide judgment dated 21.02.2024 in Session

Case No.17/2013 against the appellant-applicant - Premdas Teji

S/o Dharmdas Teji shall remain suspended till final disposal of

the aforesaid appeal provided he executes 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 his appearance in this

court on 17.02.2025 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

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

2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

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

The learned trial Court shall keep the record of attendance of

the accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant was tried and convicted. A copy of this order shall also

be placed in that file for ready reference. Criminal Misc. file shall

[2025:RJ-JD:2311] (3 of 3) [SOSA-552/2024]

not be taken into account for statistical purpose relating to

pendency and disposal of cases in the trial court. In case the said

accused applicant 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 86-mSingh/-

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