Prabhakar Sao vs The State Of Jharkhand
2025 Latest Caselaw 5961 Jhar

Jharkhand High Court

Prabhakar Sao vs The State Of Jharkhand on 18 September, 2025

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr. Appeal (D.B.) No.582 of 2022
                                    -----
           Prabhakar Sao, S/o Kishori Sao, R/o Village & P.O. Nagwan, P.S.
           Gawan, District- Giridih
                                                     ... Appellant(s).
                                    Versus
           The State of Jharkhand                    ... Respondent(s).

           CORAM       :       SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

------

For the Appellant(s) : Mr. Peeyush Krishna Choudhary, Advocate Mr. Amrit Anunay, Advocate Ms. Binita Sahay, Advocate For the State : Ms. Kumari Rashmi, AddI. P.P. .........

12 /18.09.2025: I.A. No.11559 of 2025 This interlocutory application has been filed by the appellant, praying therein to suspend the sentence and release him on bail during the pendency of this appeal.

2. The interlocutory application for suspension of sentence of this appellant was earlier dismissed on 15.07.2024.

3. The appellant has been convicted and sentenced in connection with in Sessions Trial No.142 of 2018, for the offence under Sections 304B/34 and 498/34 of IPC. He has been sentenced to undergo rigorous imprisonment for life with a fine of Rs.10,000/- for the offence under Section 304/34 of IPC along with other sentences for other offences.

4. Heard, the learned counsel for the appellant and learned A.P.P. for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

5. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

6. This is a case of dowry death. The three ingredients which are necessary to shift the burden of proof upon the accused is present and proved by the prosecution. In rebuttal though the appellant has taken a plea of alibi, but this Court at this juncture cannot rely upon Exhibit-B as the question of authenticity and admissibility of Exhibit-B is to be decided. Further, prima facie, we are not getting any material which would suggest that the appellant has discharged the burden of his innocence. Thus, we find no fresh ground to entertain this application, the same is dismissed.

7. I.A. No. 11559 of 2025 stands dismissed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) 18th September, 2025 R.S./Sandeep