Supreme Court Suspends PC Act Sentence Of Ex-Jharkhand Minister Anosh Ekka; Flags 'Overlapping' CBI Prosecutions

The Supreme Court on Monday (April 13) granted relief to former Jharkhand Cabinet Minister Anosh Ekka in a disproportionate assets case by releasing him on bail during the pendency of his appeal, after being apprised of dual prosecutions by the CBI based on the same set of allegations. A bench of Justice Vikram Nath and Justice Sandeep Mehta set aside the Jharkhand High Court's decision, which refused to allow his Section 389 Cr.P.C. application seeking a suspension of sentence pending an appeal. The Court said that the High Court is expected to take note of the fact while hearing an appeal that whether two separate prosecutions could continue against the Appellant in light of overlapping allegations. “A fervent contention has been raised on behalf of the appellant that two separate prosecutions were impermissible because the allegations in both the cases are overlapping. This aspect of the case would have to be gone into by the High Court while deciding the pending appeals.”, the court observed. The prosecution originated from a single vigilance FIR registered in 2008 alleging accumulation of disproportionate assets during Ekka's tenure as a minister. However, the Central Bureau of Investigation filed two separate charge-sheets based on that FIR, leading to two independent trials. Before the Supreme Court, Ekka argued that both cases relate to the same check period, the same properties and transactions are being relied upon, and the second prosecution effectively amounts to re-litigation of the same allegations. The bench found prima facie merit in this contention, observing: “Two split charge-sheets were filed… Many of the allegations in the present case and the earlier case appear to be overlapping.” Resultantly, the appeal was allowed, after noting his substantial incarceration in both cases, and attachment of assets worth approximately ₹18 crore. “...we direct that the appellant shall be released on bail by suspending the substantive sentence of imprisonment awarded by the trial Court, subject to the condition that the appellant files an undertaking before the trial Court within 7 days of his release, stating that he shall assist in the process of restoration of the tribal land to its original status as and when required. The release of the appellant on bail shall further be subject to such other terms and conditions as the trial Court may deem fit to impose and upon furnishing bail bonds and sureties to the satisfaction of the trial Court.”, the court ordered.HeadnoteCriminal Procedure – Suspension of Sentence and Grant of Bail – Disproportionate Assets – Overlapping Allegations – Double Jeopardy – Appellant, a former Minister, was convicted for amassing assets disproportionate to known sources of income and illegal acquisition of tribal lands - Prosecution split the original case into two separate charge-sheets involving overlapping allegations and the same check period - Appellant contended that dual prosecution for identical allegations violates the right against double jeopardy under Article 20(3) of the Constitution of India - The Supreme Court noted that the appellant's sentence in the first case had already been suspended by the Court and that he had undergone substantial custodial incarceration in both matters - Held: Without expressing a final opinion on the merits of the overlapping allegations which must be decided by the High Court, the Court found it fit to grant bail - Bail granted subject to the appellant filing an undertaking within seven days of release to assist in the process of restoring illegally acquired tribal land to its original status. [Paras 13-21]Cause Title: ANOSH EKKA VERSUS STATE THROUGH CENTRAL BUREAU OF INVESTIGATIONCitation : 2026 LiveLaw (SC) 367Click here to download orderAppearance: For Petitioner(s) :Mr. Siddharth Dave, Sr. Adv. Mr. Vishal Kumar, Adv. Mr. Nikhil Jain, AOR Mr. Sujit Kumar Sinha, Adv. Mr. Aniket Bose, Adv. For Respondent(s) :Mr. Davinder Pal Singh, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mr. Rajan Kumar Chourasia, Adv. Ms. Disha Thakkar, Adv. Ms. Astha Singh, Adv. Mr. Jagdish Chandra, Adv. Ms. Archana Surve Shinde, Adv.

Supreme Court Suspends PC Act Sentence Of Ex-Jharkhand Minister Anosh Ekka; Flags 'Overlapping' CBI Prosecutions

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Supreme Court Suspends PC Act Sentence Of Ex-Jharkhand Minister Anosh Ekka; Flags 'Overlapping' CBI Prosecutions

Yash Mittal

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