[2025:RJ-JP:37573] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.220/2025 In S.B. Criminal Revision Petition No. 1011/2025 Juvenile X, (At Present Confined In Observation Home Sikar) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Ripu Daman Singh Naruka For Respondent(s) : Mr. Onkar Singh Rajpurohit, P.P. Mr. Amit Singh Shekhawat HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 16/09/2025 This application for suspension of sentence has been filed by the petitioner under Section 438 r/w Section 442 of B.N.S.S. seeking suspension of sentence awarded by learned Trial Court vide judgment dated 09.11.2022 and affirmed by the learned Appellate Court vide judgment dated 05.06.2025. Learned counsel for the petitioner submits that the petitioner has been convicted by the learned Trial Court for offence(s) under Section(s) 449, 458 & 302 of I.P.C. and sentenced with a maximum period of three years imprisonment as per judgment dated 09.11.2022. Counsel further submits that the petitioner has also filed an appeal before the learned Appellate Court which was dismissed to the extent of limitation while reducing the period of imprisonment from three years to two years, vide its order dated [2025:RJ-JP:37573] (2 of 3) [CRLR-1011/2025] 05.06.2025. Counsel also submits that the Juvenile Justice Board as well as the learned Appellate Court have failed to appreciate the testimony of the prosecution witnesses in a holistic and proper manner. It is further submitted that, as per Ex.P-7, it is evident that the alleged jeans & knife were recovered at the instance of the petitioner. However, there exist a material contadiction between the entries in the 'Malkhana' register & the statement of the 'Malkhana' In-charge. The said jeans was deposited in the 'Malkhana' on 13.03.2019, i.e., one day prior to the alleged date of seizure, thereby casting a serious doubt on the authenticity of the recovery proceedings. It is also submitted that there is no eyewitness in the present case, and the entire case is based solely on circumstantial evidence. Counsel has annexed the Certificate under Rule 311 of High Court Rules, 1952 to the effect that the applicant was on bail during trial as well as pendency of appeal and presently, he is in observation home. Counsel also submits that the learned Trial Court has not appreciated the facts & circumstances of the case holistically and the hearing of the revision petition will take its own time, hence, the sentence awarded to the petitioner may be suspended during the pendency of the revision petition. Learned Public Prosecutor and learned counsel for the respondent have vehemently opposed the prayer regarding suspension of sentence and submitted that a blood-stained knife and the jeans were recovered from the juvenile or other evidence had also emerged. [2025:RJ-JP:37573] (3 of 3) [CRLR-1011/2025] Heard. Perused the Ex.P-7 (recovery/seizure memo), Ex.P-20 ('Malkhana' register), the statement of 'Malkhana' In-charge, namely, Sant Kumar (PW-14) and the material made available on record. Looking to the term of sentence, without commenting upon the merits of the case and considering the submissions made at bar, this Court deems it just and proper to suspend the sentence awarded to the petitioner. Accordingly, this application for suspension of sentence, is allowed and it is hereby ordered that the execution of sentence awarded to the petitioner, namely Juvenile X, by the Trial Court vide judgment dated 09.11.2022 and affirmed by the Appellate Court vide order dated 05.06.2025 shall remain suspended during the pendency of the revision petition, provided he furnishes a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court with the stipulation that he shall appear before this Court on 16.10.2025 and thereafter, as and when he is called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /20