Jharkhand High Court
Bhudev Marandi @ Buday Marandi vs The State Of Jharkhand on 8 September, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 257 of 2025
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Bhudev Marandi @ Buday Marandi, aged about 35 years S/o Late
Dhena Marandi, R/o Vill- Ramjitpur, PS + PO- Maheshpur,
Dist.- Pakur ...... Appellant
Versus
The State of Jharkhand ..... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Ms. Tejaswi, Advocate
For the State : Mr. Vineet Kumar Vashistha, Spl. P. P.
.......
I. A. No. 12051 of 2024
03/08.09.2025 This Criminal Appeal has been filed through Jharkhand
High Court Legal Services Committee.
2. This Criminal Appeal has been filed on behalf of the
appellant challenging the impugned judgment of conviction dated
11.07.2024 and sentence dated 12.07.2024 passed by Sri Shesh
Nath Singh, learned Sessions Judge, Pakur in connection with
Maheshpur P. S. Case No. 74 of 2020 corresponding to Sessions
Trial No. 03 of 2021 by which the appellant has been convicted
for the offences under Sections 341/323/506/307 of the Indian
Penal Code and sentenced to undergo S. I. for a period of one (1)
year and to pay fine of Rs. 1,000/- for the offence under Section
323 of the Indian Penal Code and sentenced to undergo S. I. for a
period of one (1) month and to pay fine of Rs. 500/- for the
offence under Section 341 of the Indian Penal Code and sentenced
to undergo S. I. for a period of two (2) years and to pay fine of
Rs. 2,000/- for the offence under Section 506 of the Indian Penal
Code and sentenced to undergo R. I. for a period of seven (7)
years and to pay fine of Rs. 20,000/- for the offence under
Section 307 of the Indian Penal Code
However, all the sentences have been directed to run
concurrently.
3. I. A. No. 12051 of 2024 has been filed under Section
430 (1) of the BNSS, 2023 on behalf of the appellant for
suspension of sentence and for grant of bail of the appellant
during the pendency of this appeal.
4. Heard Ms. Tejaswi, learned counsel for the appellant,
who has appeared through Video Conferencing. The Audio and
Video Quality are proper. Mr. Vineet Kumar Vashistha, learned
Spl. P. P. is present.
5. It is submitted by the learned counsel for the appellant
that the impugned judgment of conviction and sentence passed by
the learned Court below is illegal and not sustainable in law. It is
submitted that P.W.-4, Kubraj Marandi and P.W.-5, Hirlal Yadav
have been declared hostile. It is submitted that no offence under
Section 307 of the Indian Penal Code is made out against the
appellant. It is further submitted that the appellant is in custody
since 27.05.2020 i.e. for five (5) years and around three (3)
months and hence, the appellant may be enlarged on bail.
6. On the other hand, learned counsel for the State has
opposed the prayer for bail and has submitted there is direct
allegation against the appellant for assaulting upon the head of the
Informant by deadly weapon. It is submitted that injury on the
head of the Informant is also proved by the Doctor, who had been
examined as P.W.- 9, Dr. Sanjay Kumar Jha. It is submitted that
several witnesses have supported the allegation against the
appellant for assaulting the informant and other injured person
and hence the prayer for bail of the appellant may be rejected.
7. Perused the Lower Court Records and considered the
submissions of both the sides.
8. It appears from the FIR that the appellant had assaulted
the Informant by sickle on his head, due to which the Informant
has sustained injury. It also appears that one other person namely
Budhay Marandi was also injured.
9. From perusal of the evidence of P.W.- 9, Dr. Sanjay
Kumar Jha, it reveals that following injuries were found on the
injured i.e. the Informant:-
"(i) Lacerated injury over head right side perital reason 2" x
1/2" x 1".
(ii) Lacerated would at right shoulder.
(iii) Lacerated left over left knee.
(iv) Age of injury within 24 hours.
(v) Mark of identification- A mole on back.
(vi) Cause of injury hard and blunt rough object.
(vii) Nature of injury simple.
(viii) CT scan not done."
10. It further reveals that one other person Bhudeo Marandi
had sustained simple injuries on his person.
11. It appears that P.W.-1, Mantri Prasad Dey is the eye
witness of the occurrence, whereas P.W.-3 Fani Nag is the
Informant and who stated that the accused- appellant had
assaulted the Informant on his head as well as on his left hand by
Sickle and due to which he was even unable to lift his hand and is
unable to walk.
12. Although P.W.-3 Fani Nag i.e. the Informant and
P.W.-1, Mantri Prasad Dey have supported the prosecution case.
However, considering the fact that the appellant is in custody
since 27.05.2020 i.e. for five (5) years and around three (3)
months and considering the facts and the circumstances of the
case, during the pendency of this appeal, the appellant namely
Bhudev Marandi @ Buday Marandi is directed to be released on
bail on furnishing bail bonds of Rs. 15,000/- (Fifteen thousand
only) with two sureties of the like amount each to the satisfaction
of Sri Shesh Nath Singh, learned Sessions Judge, Pakur in
connection with Maheshpur P. S. Case No. 74 of 2020
corresponding to Sessions Trial No. 03 of 2021.
13. Let a copy of this order be sent through FAX to the
learned Court below and also be given to the learned counsel for
the appellant, who has appeared through Jharkhand High Court
Legal Services Committee for informing the learned Member
Secretary, JHALSA, who will inform the appropriate Authority
accordingly so that the appellant may furnish the bail bonds.
14. It appears that the learned Trial Court has not passed
any order with regard to Victim Compensation Scheme.
15. Under the circumstances, learned Member Secretary,
JHALSA to place the matter to the learned Principal District and
Sessions Judge, Pakur and the District Administration. Deputy
Commissioner, Pakur and Superintendent of Police, Pakur are
directed to provide compensation of Rs. 50,000/- to the Informant
for the present under the Victim Compensation Scheme.
16. Thus, I. A. No. 12051 of 2024 is allowed and stands
disposed of.
(Sanjay Prasad, J.)
Kamlesh/
