Dhiren Yadav vs The State Of Jharkhand
2026 Latest Caselaw 1794 Jhar

Jharkhand High Court

Dhiren Yadav vs The State Of Jharkhand on 11 March, 2026

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad, Deepak Roshan

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Appeal (DB) No. 372 of 2023
                                 ------

Dhiren Yadav                                               ... Appellant
                                Versus
The State of Jharkhand                                     ... Respondent

CORAM       : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
                 HON'BLE MR. JUSTICE DEEPAK ROSHAN
                        ------
       For the Appellant    : Mr. Indrajit Sinha, Advocate (through VC)
                            : Mr. Akhouri Awinash Kumar, Advocate
                            : Ms. Ashwini Priya, Advocate
     For the Respondent     : Mr. Pankaj Kumar, P.P.
                           : Mr. Anup Pawan Topno, APP
                            : Mrs. Anuradha Sahay, APP
                        ------
13/Dated: 11 March, 2026
            th

1. Mr. Indrajit Sinha, learned counsel appearing through virtual mode,

assisted by Mr. Akhouri Awinash Kumar, learned counsel appearing

for the appellant, has submitted that the interlocutory application

being I.A. No. 911 of 2026 which has been filed for suspension of

sentence was primarily filed on the ground of medical issues which

the appellant was facing. But, as per instruction, the appellant is now

no more since he has died.

2. However, the learned counsel for the appellant has raised the issue of

medical facilities inside the Jail premises.

3. Mr. Pankaj Kumar, learned Public Prosecutor, appearing for the State,

has sought for leave of this Court to file an affidavit, copy thereof has

been served to the learned counsel for the appellant.

4. Let the affidavit be taken on record.

5. Further, learned Public Prosecutor has submitted that after taking all

precautionary measures, the appellant could not be saved. The jail

authorities have taken immediate steps considering his deteriorating

condition, by shifted him to the Phulo Jhano Medical College and

Hospital, Dumka where he had died.

6. Mr. Indrajit Sinha, learned counsel for the appellant, has further

submitted that there is no instruction as to whether the appeal is to

be pursued by the legal heirs or not as required under the provision

of Section 394 of Cr.P.C. pari materia to Section 435 BNSS, 2023

7. It has further been submitted that appropriate instructions will be

taken from the legal heirs of the appellant, and thereafter, the

necessary application will be filed.

8. So far as the present interlocutory application being I.A. No. 911 of

2026 is concerned, due to the death of the appellant, the same is

rendered to be infructuous and hence dismissed.

9. This issue of medical facilities has raised due to the death of the

appellant.

10. It has been informed by the learned counsel for the appellant that in

most of the jails, sufficient equipments are not there and even the

doctors are not being posted on regular basis, rather, they are being

deputed in a time slot and now the same is of more concern.

11. This Court, in the present appeal, is now concerned with the medical

issues in the Jail premises, i.e., the medical equipments & deployment

of doctors on regular basis therein.

12. This Court, therefore, has thought it proper to call upon a report

from each Jail through the Civil Surgeon of the concerned district,

who is to visit the respective Jails falling under their jurisdiction

accompanied by the Secretary DLSA so that a joint report be

submitted for passing further necessary order.

13. List this matter on 6th April, 2026 along with the report.

(Sujit Narayan Prasad, J.)

(Deepak Roshan, J.)

11th March, 2026 Samarth