Madhya Pradesh High Court
Ramesh Soni vs The State Of Madhya Pradesh on 6 October, 2023
Author: Sujoy Paul
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1239 of 2022
(RAMESH SONI Vs THE STATE OF MADHYA PRADESH)
Dated : 06-10-2023
Shri Siddharth Datt - Advocate for the appellants.
Shri Jubin Prasad - Panel Lawyer for the State.
Heard on I.A. No.7499/2023, application for suspension of sentence and
grant of bail to the appellant- Ramesh Soni arising out of judgment dated
04.01.2022 delivered in S.T. No. 23/2018 by First Session Judge, Amarpatan,
District Satna is taken up.
T h e appellant has been convicted for the offence punishable under
Section 302 r/w Section 34 of IPC and sentenced to undergo life imprisonment
and fine of Rs.2000/- and under Section 201 of IPC and sentenced to undergo
R.I. for 7 years with fine of Rs. 1000/- with default stipulations.
Learned counsel for the appellant submits that this Court was kind
enough in suspending the remaining jail sentence of co-accused Ramashray
Kushwaha in Cr.A. No.1275 of 2022 on 17.10.2022. The case of present
appellant is better than that of Ramashray (supra). Thus, by applying principles
of parity, remaining jail sentence may be suspended.
Prayer is opposed by Shri Jubin Prasad, Panel Lawyer on the basis of
objection.
This Court in Ramashray Kushwaha (supra) passed order dated
17.10.2022 relevant portion of which reads as under:-
"Learned counsel for the appellant submits that as per
prosecution story the appellant alongwith co-accused
Ramkaran Sondhiya and Ramesh Soni murdered
Poonam and thrown her body into a river. As per para-
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 10/7/2023
10:13:18 AM
85 of the impugned judgment, there are no eye-witnesses
to the incident. The case of the prosecution is based on
circumstantial evidence. The circumstance-9 is based on
last seen account which is a weak piece of evidence in
view of judgment of Supreme Court reported in Anjan
Kumar Sarma and others vs. State of Assam (2017)
14 SCC 359. It is further urged that both the parents of
deceased Poonam are so called 'last seen' witnesses.
Both the witnesses did not depose anything about last
seen in their statements recorded under Section 161 of
Cr.P.C. Although, they took a different stand in their
Court statements, omissions/contradictions make their
statements highly doubtful. Apart from this, P.W.3 is
another witness of last seen who deposed after 3-4 years
that he had 'last seen' the appellant going with the
deceased. These statements cannot be a reason to give
stamp of approval to conviction. No recovery of
ornaments could be made from the appellant. Appellant
remained in actual custody for about five years. Final
hearing of this appeal is not possible in near future hence
remaining jail sentence of the appellant may be
suspended.
Prayer is opposed by Shri Siddharth Singh Chouhan,
learned Govt. Advocate on the basis of objection.
We have heard the parties and perused the record.
Considering the aforesaid factual aspect coupled with
the fact that no recovery has been made from the
appellant, without expressing any opinion on merits of
the case, we deem it proper to suspend the remaining jail
sentence of the appellant. Accordingly, I.A. No.
2022/2022 is allowed."
In view of principles of parity, we deem it proper to give similar treatment
to this appellant.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of the appellant- Ramesh Soni is hereby suspended
and it is directed that the appellant be released on bail on his furnishing a
personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only)
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 10/7/2023
10:13:18 AM
with one solvent surety of the like amount to the satisfaction of the trial court
with a further direction to appear before the trial court Satna o n 04.12.2023
and also on such other dates as may be fixed by the trial court in this regard
during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (DWARKA DHISH BANSAL)
JUDGE JUDGE
AT
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 10/7/2023
10:13:18 AM
