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:7983-DB
965a.apeal.100.24 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Criminal Application [APPA] No.182 of 2024
in
Criminal Appeal No.100 of 2024
Amarraj s/o Jangluji Meshram
vs.
State of Maharashtra, through P.S.O. Khaparkheda, 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.209/2017 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 11/07/2023.
03. The prosecution case in nutshell is that the appellant and his
wife Sonali were residing at Vishwas Nagar, Gittikhadan, Nagpur in one of
the rooms of house owned by Gangadhar, father-in-law of the applicant.
Deceased-John was also residing in another room of the said house. The
applicant suspected illicit relationship between the deceased and Sonali.
Therefore, on 09/01/2017, in the morning hours, the appellant took the
deceased on his bike firstly to liquor shop at Gattikhadan Square and
insisted him to consume liquor. On ensuring that the deceased was
completely under the influence of liquor, the appellant took the deceased to
a secluded place besides Walni Police Chouki and committed murder of the
965a.apeal.100.24 2/4
deceased by smacking his head by means of stone repeatedly to ensure his
death. On the very next day i.e. on 10/01/2017, by adopting the same
modus operandi, the applicant committed murder of his wife-Sonali.
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-John was homicidal and caused due to smacking by means of
stone, there is no evidence to show that the murder was committed by the
applicant on 09/01/2017. 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 four
days. Deceased-John was seen in the company of the applicant on
09/01/2017 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
09/01/2017.
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 illicit relationship
between his wife-Sonali and the deceased. Therefore, the applicant has a
strong motive to commit murder of the deceased. The applicant committed
murder by smacking the head of the deceased by means of stone repeatedly
to ensure his death. He further submitted that the deceased and the
applicant were last seen together on 09/01/2017, which is of significance, as
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can be gathered from the evidence of PW-1, PW-4, and PW-6. Further, there
is recovery of two stones, which were used for smacking the head of the
deceased, at the behest of the applicant, one from the ground of Chanakpur
and another from nallah with the help of JCP machine. Another
circumstance linking the applicant to the murder is that the applicant has
also committed murder of his wife-Sonali as he suspected illicit relationship
between his wife-Sonali and the deceased 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 four 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-John was 09/01/2017. 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 14:54:46
