Supreme Court – Daily Orders
Yashwant @ Jaswant Kumar vs State Of Rajasthan on 19 February, 2026
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1040 /2026
[@ SLP [CRL.] NO.21011/2025]
YASHWANT @ JASWANT KUMAR Appellant(s)
VERSUS
STATE OF RAJASTHAN Respondent(s)
O R D E R
Leave granted.
The appellant stands convicted for the
offences punishable under Sections 302/34, 447/34
of the Indian Penal Code, 1860 and has been
sentenced by the Trial Court to undergo rigorous
imprisonment for life. The appeal of the appellant
is pending consideration before the High Court.
However, the High Court was pleased to dismiss his
application for suspension of sentence.
Heard the learned counsel appearing for the
parties.
Signature Not Verified
Digitally signed by
ASHA SUNDRIYAL
Date: 2026.02.20
17:14:14 IST
Reason: CRL A @ SLP [CRL.] NO.21011/2025 1
Learned counsel appearing for the appellant
submits that the appeal has been filed before the
High Court only in the year 2025 and the appellant
has already undergone incarceration for more than
6 years. It is further submitted that the evidence
relied upon by the Trial Court is not adequate as
there are material contradictions in the
testimonies of the eye witnesses, in which case,
at best, it could be a case of circumstantial
evidence.
Learned counsel appearing for the State,
while opposing the application for suspension of
sentence, submitted that the Trial Court
considered the relevant materials including the
recovery effected.
Suffice it is to state that the appellant has
been in custody for more than 6 years and thus, he
is entitled to suspension of sentence, especially,
in view of the fact that the appeal itself is of
the year 2025, and it would take some time for its
disposal.
CRL A @ SLP [CRL.] NO.21011/2025 2
Thus, on that score alone, we are inclined to
set aside the impugned order and suspend the
sentence of the appellant.
Accordingly, the impugned order is set aside
and the sentence of the appellant is suspended and
he is granted bail, during the pendency of the
appeal, on terms and conditions to the
satisfaction of the concerned Trial Court.
The appeal is allowed, accordingly.
Pending application(s), if any, shall stand
disposed of.
………………………………………………………………J.
[M.M. SUNDRESH]
………………………………………………………………..J.
[NONGMEIKAPAM KOTISWAR SINGH]
NEW DELHI;
FEBRUARY 19, 2026.
CRL A @ SLP [CRL.] NO.21011/2025 3
ITEM NO.3 COURT NO.5 SECTION II-D
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.)
No(s). 21011/2025
[Arising out of impugned final judgment and order
dated 30-07-2025 in DBCRMSOSA(A) No. 869/2025
passed by the High Court of Judicature for
Rajasthan at Jodhpur]
YASHWANT @ JASWANT KUMAR Petitioner(s)
VERSUS
STATE OF RAJASTHAN Respondent(s)
Date : 19-02-2026 This petition was called on for
hearing today.
CORAM :
HON’BLE MR. JUSTICE M.M. SUNDRESH
HON’BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGHFor Petitioner(s) Mr. Sanchar Anand, Adv.
Mr. Nishant Bishnoi, AOR
Ms. Srishti Prabhakar, Adv.
Mr. Raghav Khanna, Adv.
Mr. Dhananjay Mishra, Adv.
Mr. Rajat Rathi, Adv.
For Respondent(s) Ms. Nikita Rawat, Adv.
Ms. Nidhi Jaswal, AOR
CRL A @ SLP [CRL.] NO.21011/2025 4
UPON hearing the counsel the Court made
the following
O R D E RLeave granted.
The sentence of the appellant is suspended
and he is granted bail on terms and conditions to
the satisfaction of the concerned Trial Court.
The appeal is allowed in terms of the signed
order.
Pending application(s), if any, shall stand
disposed of.
(ASHA SUNDRIYAL) (POONAM VAID)
DEPUTY REGISTRAR ASSISTANT REGISTRAR
[Signed order is placed on the file]CRL A @ SLP [CRL.] NO.21011/2025 5
