Assist In Process Of Restoration Of Tribal Land: Supreme Court Asks Ex-Jharkhand Minister Anosh Ekka While Granting Bail In Land Scam & Disproportionate Assets Case
The appeal before the Supreme Court was filed by the former Minister of the State of Jharkhand against the order rejecting his application for suspension of sentence.
Justice Vikram Nath, Justice Sandeep Mehta, Supreme Court
The Supreme Court has granted bail to former Jharkhand Minister Anosh Ekka in a case of land acquisition and disproportionate assets while asking him to assist in the process of restoration of the tribal land to its original status as and when required.
The appeal before the Apex Court was filed by the former Minister of the State of Jharkhand against the order of the Jharkhand High Court rejecting his application for suspension of sentence and grant of bail during pendency of the appeal.
The Division Bench of Justice Vikram Nath and Justice Sandeep Mehta held, “The sentence awarded to the appellant in the other case involving allegations of acquisition of disproportionate assets, having been suspended by this Court, we are inclined to grant bail to the appellant in the present case also.”
“Accordingly, 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”, it ordered.
Senior Advocate Siddharth Dave represented the Appellant while Additional Solicitor General Davinder Pal Singh represented the Respondent.
Factual Background
An FIR was registered on the basis of a complaint alleging that the appellant and another Minister Hari Narain Rai, had acquired assets disproportionate to their known sources of income. The investigation was assigned to the Central Bureau of Investigation. It was alleged that, against a pre-check asset of Rs 10,48,827, the appellant amassed assets worth approximately Rs 57.01 crore. It was further alleged that the appellant misused his position to illegally acquire large tracts of tribal lands in violation of the provisions of the Chota Nagpur Tenancy Act, 1908. The transactions were made in the name of his wife, Menon Ekka, by furnishing false residential addresses and submitting false affidavits. The CBI submitted a chargesheet against the appellant and other accused persons. The appellant was ultimately held guilty for offences punishable under Section 120B read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, Section 13(2) read with Section 13(1)(d) of the PC Act, and Section 120B read with Section 193 of the Indian Penal Code.
The sentence awarded to the appellant in the said case was suspended by the Apex Court, and he was granted bail. The CBI thereafter submitted a separate chargesheet, leading to the institution of a case out of which the present proceedings arise. The appellant was tried and convicted by the trial Court for offences punishable under Section 120B read with Section 13(1)(d) of the PC Act, Section 13(2) read with Section 13(1)(d) of the PC Act and Section 120B read with Section 193 of the IPC. Aggrieved thereby, the appellant preferred a Criminal Appeal against the order where the application for suspension of sentence came to be rejected. Aggrieved thereby, the appellant approached the Apex Court by way of appeal by special leave.
Reasoning
On a perusal of the facts of the case, the Bench noted that two split charge-sheets were filed against the appellant. Many of the allegations in the present case and the earlier case appeared to be overlapping. In the previous case, the appellant had remained in custody for more than 4 years, whereafter the Court suspended the sentences awarded to the appellant and released him on bail.
The Bench further noticed that the appellant had undergone custodial incarceration of more than 10 months in the present case as well.
Considering that the sentence awarded to the appellant in the other case involving allegations of acquisition of disproportionate assets was suspended, the Bench directed the appellant to be released on bail by suspending the substantive sentence of imprisonment awarded by the trial Court. The Apex Court also asked him to file an undertaking stating that he would assist in the process of restoration of the tribal land to its original status, as and when required.
Cause Title: Anosh Ekka v. State Through Central Bureau of Investigation (Neutral Citation: 2026 INSC 357)
Appearance
Appellant: Senior Advocate Siddharth Dave, Advocate Vishal Kumar, AOR Nikhil Jain, Advocates Sujit Kumar Sinha, Aniket Bose, Divya Jain
Respondent: Additional Solicitor General Davinder Pal Singh, AOR Mukesh Kumar Maroria, Advocates Rajan Kumar Chourasia, Disha Thakkar, Astha Singh, Jagdish Chandra, Archana Surve Shinde