Darbari Marandi vs The State Of Jharkhand
2021 Latest Caselaw 668 Jhar

         IN THE      HIGH    COURT OF JHARKHAND                             AT RANCHI
                       Criminal Appeal (DB) No. 339 of 2018

         Darbari Marandi                                        .....   ...     Appellant
                                         Versus
         The State of Jharkhand.                          .....           ...     Respondent
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         CORAM         :   HON'BLE MR. JUSTICE H. C. MISHRA
                           HON'BLE MR. JUSTICE RAJESH KUMAR
                                          -------
         For the Appellant        :       Mr. R.S. Mazumdar, Sr. Advocate
                                           & Rajesh Kumar, Advocate
         For the State            :       Mrs. Vandana Bharti, A.P.P.
                                          --------

The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

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I.A. No. 670 of 2021

3/ 11.02.2021 Heard learned senior counsel for the appellant and learned counsel for the State on the interlocutory application filed by the appellant, for granting bail during the pendency of this appeal.

The appellant has been convicted and sentenced for the offence under Section 302 of the Indian Penal Code.

Though there is allegation against the appellant to have assaulted the deceased by danda which ultimately proved fatal, but from the impugned Judgment, it appears that the occurrence had taken place on a sudden fight, and the appellant is alleged to have picked up the danda kept nearby to make the assault. There was no repetition of blow upon the deceased. Learned counsel for the appellant has submitted that the appellant is in custody since 09.07.2016 itself.

In the facts of this case, we are inclined to release the appellant, Darbari Marandi, on bail. Accordingly, the appellant, named above, is directed to be released on bail, during the pendency of the appeal, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge-II, Dumka, in connection with S.T. No. 163 of 2016.

This interlocutory application is accordingly, allowed.

(H. C. Mishra, J.)

(Rajesh Kumar, J.) R.Kr.