Bombay High Court
Amarraj S/O Jangluji Meshram vs The State Of Maharashtra Through P.S.O. ... on 14 August, 2025
Author: Anil Laxman Pansare
Bench: Anil Laxman Pansare
2025:BHC-NAG:7982-DB
965.apeal.107.24 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Criminal Application [APPA] No.184 of 2024
in
Criminal Appeal No.107 of 2024
Amarraj s/o Jangluji Meshram
vs.
State of Maharashtra, through P.S.O. Parshivni, Tha, Parshivni, Dist. Nagpur
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
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Mr. Mir Rizwan Ali, Advocate for the Applicant/Appellant.
Mr. S.A. Ashirgade, A.P.P. for the Non-Applicant/Respondent.
CORAM : ANIL L. PANSARE & M.M. NERLIKAR, JJ.
RESERVED ON : 12th AUGUST, 2025.
PRONOUNCED ON : 14th AUGUST, 2025.
Heard.
02. The present application under Section 389 of the Code of
Criminal Procedure (Cr.P.C.) for suspension of sentence is filed by applicant-
Amarraj Meshram, since he was convicted in Sessions Case No.234/2017 for
the offences punishable under Sections 302 and 201 of the Indian Penal
Code by the learned Additional Sessions Judge, Nagpur vide judgment and
order dated 10/07/2023.
03. The prosecution case in nutshell is that the applicant and his
wife deceased-Sonali were residing at Vishwas Nagar, Gittikhadan, Nagpur
in one of the rooms of house owned by Gangadhar, father-in-law of the
applicant. One John was also residing in another room of the said house.
The applicant suspected illicit relationship between Sonali and John.
Therefore, on 10/01/2017, in the morning hours, the applicant took Sonali
on his motorcycle informing her father-Gandaghar that he would leave her
to her workplace. The applicant took her to a secluded place and committed
her murder by strangulating her with her stole and cutting her right hand's
vein by a shaving blade.
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04. This Court by an order dated 09/02/2024 was pleased to admit
the appeal. We have heard the learned Counsel for the applicant as well as
the learned A.P.P. for the State. We have also gone through the evidence
placed on record.
05. The learned Counsel for the applicant submits that the case is
based on circumstantial evidence and the circumstances as are discussed in
the judgment are not duly proved, there are several missing links in the
chain of circumstances. He further submits that though the death of
deceased-Sonali was homicidal and caused due to strangulation and cutting
right hand's vein by a shaving blade, there is no evidence to show that the
murder was committed by the applicant on 10/01/2017. Therefore, the
finding of the trial Court to that effect is perverse. He further pointed out
that the evidence of last seen is of no consequence in view of the fact that
the dead body was found after three days. Deceased-Sonali was seen in the
company of the applicant on 10/01/2017 at about 08:30 a.m., whereas the
dead body was found on 13/01/2017 and, therefore, there is no evidence on
record to show the proximity between last seen theory and discovery of the
dead body. This vital circumstance has not been considered by the trial
Court while arriving at the conclusion that the murder of the deceased was
committed on 10/01/2017.
06. On the contrary, the learned A.P.P. vehemently opposed the
application by submitting that the relations between the applicant and the
deceased were strained, as the applicant was suspecting her character.
Therefore, the applicant has a strong motive to commit murder of the
deceased. The applicant committed murder by strangulation and to ensure
her death, he cut her right hand's vein. He further submitted that the
deceased and the applicant were last seen together on 10/01/2017, which is
of significance, as can be gathered from the evidence of PW-7, PW-8, PW-9
and PW-13. Further, there is a recovery of Topaz Company blade, which
was used for cutting vein at the behest of the applicant from heap of
garbage, near Bharat Petroleum Pump on National Highway No.7. Another
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circumstance linking the applicant to the murder is that the applicant has
also committed murder John, who he suspected to be her paramour, and
two bodies were found at different places. All these circumstances are duly
proved by the prosecution by adducing cogent evidence and, therefore, the
applicant is not entitled for suspension of sentence.
07. Upon consideration of the rival submissions and after going
through the evidence on record, prima facie, we find that the death of the
deceased is homicidal. However, there is no proximity between the last seen
theory and discovery of dead body which was recovered after three days.
The medical evidence is also silent as to the time of death. This is a vital
missing link in order to connect the theory of last seen with the murder of
the deceased. Therefore, it is difficult to accept the date of death of
deceased-Sonali was 10/01/2017. Thus, the applicant has an arguable case.
Further, the applicant has already undergone eight years of imprisonment
and the possibility of hearing the present appeal in near future is less.
08. Therefore, considering the above facts and circumstances, we
are inclined to suspend the substantive sentence of the applicant. Hence,
the following order:
ORDER
i. The substantive sentence of the applicant is hereby suspended
till conclusion of the appeal.
ii. The applicant be released on bail on furnishing P.R. Bond in the
sum of Rs.25,000/- and a solvent surety of like amount.
iii. The applicant shall remain present as and when required by this
Court.
iv. The applicant shall report to the nearest Police Station once in a
month i.e. on third Sunday of every month in between 11:00
a.m. and 05:00 p.m.
v. The application is allowed and disposed of in the above terms.
(M.M. Nerlikar, J.) (Anil L. Pansare, J.)
*sandesh
Signed by: Mr. Sandesh Waghmare
Designation: PS To Honourable Judge
Date: 14/08/2025 14:53:58
