[2026:RJ-JP:4038-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1692/2025 IN D.B. Criminal Appeal No.75/2025 Amit Kumar @ Shubhash S/o Pradeep Kumar, R/o Village Korari, P.s. Belchi, District Patna, Bihar At Present Makan No. 57, Sagar Road, Laxmi Nagar, Jaisinghpura Khor, P.S. Jaisinghpura Khor, Jaipur. (At Present Accused Confined In Central Jail, Shyalawas, Dausa) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent Connected With D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 673/2025 IN D.B. Criminal Appeal No.158/2025 Ramesh Kumar Yadav @ Ramesh Keswa S/o Mohanlal, R/o Village Bhagod Tehsil Viratnagar, Police Station Virat Nagar, District Jaipur Rural (Presently Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through The Public Prosecutor ----Respondent For Petitioner(s) : Mr. Pankaj Gupta Mr. Anish Bhadala For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI Order 29/01/2026 The accused-applicants (for short, ‘the applicants’) have been convicted and sentenced by the learned Additional District & Sessions Judge No.2, Jaipur Metropolitan-I (for short, ‘learned trial Court’) vide judgment dated 08.01.2025 as under: 1. Under Section 302 IPC: Life imprisonment and fine of Rs. 25,000/- in default whereof, two months additional rigorous imprisonment. [2026:RJ-JP:4038-DB] (2 of 4) [SOSA-1692/2025] Learned counsels for the applicants submit that although, the case is based on circumstantial evidence but, the learned trial Court convicted them without appreciating that the prosecution could not establish the complete chain of events leading to only conclusion of their guilt. They submit that from the evidence on record, it was established that in all, there were total 23 inmates in the Government Observation and Child Home, Sethi Colony, Jaipur and 12 inmates in the Bhagat Singh Kaksh-the scene of crime respectively whereas, the learned trial Court has held that only the deceased and the applicants were present in the Bhagat Singh Kaksh on the fateful night relying on the sole testimony of Shri Man Singh (PW-16)-one of the inmates. Learned counsels submit that reliance placed by the learned trial Court on the FSL report (Ex-P-111) was misconceived in as much as the iron pipe- the alleged weapon of offence was already recovered much before their arrest and the recovery of their blood stained clothes is also doubtful. They further submit that from the FSL report, it is apparent that complete DNA profile from the blood-stained iron pipe could not be obtained. They asserted that in view of the overwhelming prosecution evidence that the deceased was a violent boy and used to quarrel with all other inmates of the child home, findings of the learned trial Court that on account of their previous quarrel with the deceased on 25.04.2022, the applicants had a motive to eliminate him. Lastly, they submit that the applicants are in custody for more than three and half years, hearing of the appeal is likely to take time and prays for suspension of their sentence. [2026:RJ-JP:4038-DB] (3 of 4) [SOSA-1692/2025] Learned Public Prosecutor has vehemently opposed the prayer. Heard. Considered. A perusal of the judgment impugned reflects that three circumstances have been relied upon by the learned trial Court to record the applicants’ conviction; their presence with the deceased in the room-scene of crime, DNA report and motive. So far as exclusive presence of the deceased in the company of the applicants in the subject room on the fateful night is concerned, as per the prosecution evidence, there were total 23 inmates in the child home and the subject room was allotted to 12 inmates. However, there is no evidence that at the relevant time, only the applicants and the deceased were sleeping in the subject room so as to invite application of Section 106 of the Evidence Act. We also find that the deceased was in the habit of picking quarrel with all other inmates of the child home and on 25.04.2022 also, his altercation took place not only with the applicants but with other inmates as well. The applicants were arrested on 24.05.2022 whereas, the iron pipe was recovered, vide Ex-P3, on 18.05.2022 and their blood-stained clothes on 25.05.2022, i.e., about a week after the date of incident from below a mattress in another room whereas, the evidence on record reflects that the child home was thoroughly searched soon after the incident. In view thereof, their recovery is rendered doubtful. The applicants are in custody for more than three and half years and hearing of the appeal is likely to take time. In view thereof,, the suspension of sentence applications deserve to be allowed and are allowed accordingly. The [2026:RJ-JP:4038-DB] (4 of 4) [SOSA-1692/2025] substantive sentence awarded to the applicants by the learned trial Court vide judgment dated 08.01.2025 shall remain suspended during pendency of the appeals provided each of them furnishes bail bonds to the satisfaction of the learned trial Court to the effect that they shall appear before this Court on or before 04.03.2026 and as and when called upon to do so till disposal of the appeals and subject to following conditions: 1. That they will appear before the learned trial Court in the month of January of every year till the appeals are decided. 2. That if the applicants change the place of residence, they will give in writing their changed address to the learned trial Court as well as to the learned counsel in the High Court who shall, in turn, inform this Court. 3. Similarly, if the surety(ies) change(s) his/their address(es), he/they will give in writing his/their changed address to the learned trial Court. The learned trial Court shall keep the record of attendance of the accused-applicants in a separate file. Such file be registered as Criminal Misc. Case relating to original case in which the accused- applicants were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not been taken into account for statistical purpose relating to pendency and disposal of the cases in the trial Court. In case, the said accused-applicants do not appear before the learned trial Court, learned trial Judge shall report the matter to the High Court for cancellation of benefit extended by this order. (CHANDRA PRAKASH SHRIMALI),J (MAHENDAR KUMAR GOYAL),J GAURAV SHARMA /85-86