The Supreme Court has stepped in to grant interim relief to former Jharkhand Cabinet Minister Anosh Ekka, suspending his sentence in a disproportionate assets case and allowing him to be released on bail while his appeal remains pending. The move came after the Court noted that two separate prosecutions launched by the Central Bureau of Investigation appeared to rely on overlapping allegations.
A Bench comprising Justices Vikram Nath and Sandeep Mehta overturned the Jharkhand High Court’s refusal to suspend the sentence. The High Court had earlier declined Ekka’s request under Section 389 of the Criminal Procedure Code. The apex court, however, observed that the issue of whether parallel prosecutions could continue on substantially similar accusations deserved careful scrutiny at the appellate stage. ⚖️
According to the Court, the defence had strongly argued that initiating two prosecutions on the same factual foundation was impermissible. The Bench noted that this contention required detailed examination while the High Court considers the pending appeals, particularly because many of the allegations in both cases appeared to overlap.
The proceedings trace back to a single vigilance FIR registered in 2008, which accused Ekka of amassing assets disproportionate to his known sources of income during his tenure as a minister. Despite the common origin, the CBI filed two separate charge sheets, resulting in independent trials.
Before the Supreme Court, Ekka contended that both prosecutions covered the same period, relied on identical properties and financial transactions, and effectively duplicated the allegations. The Court found prima facie substance in this submission, noting that the split charge sheets seemed to contain overlapping claims.
Taking into account the period already spent in custody and the attachment of assets reportedly worth around ₹18 crore, the Bench allowed the appeal and directed his release on bail. 🏛️
The order, however, came with conditions. Ekka must file an undertaking within seven days of release, assuring his cooperation in restoring tribal land to its original status whenever required. The trial court has also been given the discretion to impose additional conditions, including bail bonds and sureties, before granting release.
