The central legal point established in the judgment is the requirement of substantive evidence and link evidence to establish guilt in criminal cases, and the consideration of bail during the pendency of an appeal.

JUDGMENT

1. The instant application for suspension of sentences under Section 389 Cr.P.C. has been preferred by appellants-applicants who have been convicted and sentenced as below vide judgment dated 11.03.2022 passed by learned Sessions Judge, Jodhpur in Sessions Case No.120/2013:

2. Learned Public Prosecutor has filed reply to the application for suspension of sentences.

3. We have heard and considered the submissions advanced by Shri Jain, learned senior counsel, assisted by Shri Rajeev Bishnoi, representing the appellants and learned Public Prosecutor and have gone through the impugned judgment.

4. The prosecution case emanates from the written report dated 17.04.2013 submitted by complainant Ladu Ram (PW.11) alleging inter alia that his nephew Kishore Singh went away from his home on the night of 13.04.2013 after receiving a call on his mobile. a missing person report was lodged at the Police Station Khedapa on 14.04.2013. On 16.04.2013, the dead body of Kishore Singh was recovered in a well in the village Puniyo Ki Basni. The informant raised a suspicion on Pappu Singh and his associates who had threatened Kishore Singh of dire consequences over the issue of a girl. On the basis of this report, FIR No.39/2013 was registered at the Police Station Khedapa for the offence punishable under Section 302 IPC. after investigation, chargesheet was filed against the appellants herein in the regular Court whereas two juveniles Bhawani Singh and Ganpat Singh were charge-sheeted before Juvenile Justice Board. These two juveniles have reportedly been acquitted after inquiry.

5. Shri Jain urged that there is no evidence worth the name on the record of the case to connect the appellants with the alleged crime. The incident took place on the night intervening 13 and 14 april, 2013. The Investigating Officer Kishan Lal (PW.23), arrested the accused persons without there being any evidence to connect them with the alleged crime. Incriminating recoveries of knife and shirt (from the accused Durg Singh) and a mobile and shirt (from the accused Bhom Singh) were shown to have been effected. Shri Jain pointed out that the prosecution claimed that the knife and the clothes recovered from both the accused persons tested positive for presence of 'B' Group blood when examined at the FSL. However, he referred to the statement of the Malkhana In-charge Shri Kumbhgiri (PW.20) and pointed out that the witness stated that the Malkhana articles were forwarded to the FSL Jodhpur with Constable Harendra Singh on 26.06.2013. However, in cross-examination, he admitted that prior thereto, the Malkhana articles had been sent to the FSL on 24.06.2013 and were returned with objections. However, the nature of objections was not explained by the prosecution. The witness also admitted that there was no entry in the Malkhana Register (Ex.D4a) regarding transmission of the Malkhana articles to the FSL. Thus, as per Shri Jain, the link evidence is breached and consequently, the FSL report is rendered worthless. The appellants were on bail during pendency of the trial and they did not misuse the liberty so granted to them. He further urged that from the sole circumstance of recovery of blood stained articles, no inference of guilt can be drawn against the appellants and hence also, they deserve indulgence of bail during pendency of the appeal. With these submissions, learned counsel Shri Jain implored the Court to accept the instant application for suspension of sentences and direct enlargement of the appellants on bail during pendency of the appeal.

6. Per contra, learned Public Prosecutor, vehemently and fervently