ANOSH EKKA versus STATE THROUGH CENTRAL BUREAU OF INVESTIGATION

Citation: [2026] 4 S.C.R. 593 · Decided: 13-04-2026 · Supreme Court of India · Bench: VIKRAM NATH, SANDEEP MEHTA · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2026] 4 S.C.R. 593 : 2026 INSC 357
Anosh Ekka 
v. 
State Through Central Bureau of Investigation
(Criminal Appeal No. 1922 of 2026)
13 April 2026
[Vikram Nath and Sandeep Mehta, JJ.]
Issue for Consideration
Matter arose as regards the order passed by the High Court rejecting 
the appellant’s application for suspension of sentence and grant of 
bail during pendency of the appeal, when many of the allegations 
in the instant case and the earlier case appear to be overlapping.
Headnotes†
Code of Criminal Procedure, 1973 – s.389 – Suspension of 
sentence pending appeal – FIR registered on the basis of a 
complaint filed by one alleging that the appellant-former Minister 
in the State of Jharkhand and another Minister, while holding 
the responsible public office of a Minister in the State, misused 
his official position and indulged in extended acts of criminal 
misconduct thereby amassing assets grossly disproportionate 
to his known sources of income – Investigation assigned to 
CBI and thereafter chargesheet filed – Appellant held guilty 
for offences punishable u/s.120B r/w s.13(1)(d) of the PC Act, 
s.13(2) r/w s.13(1)(d) of the PC Act and s.120B r/w s.93 IPC and 
was sentenced accordingly – Appeal against the conviction 
pending consideration before the High Court – High Court 
rejected the appellant’s application for suspension of sentence 
and grant of bail during pendency of the appeal – Correctness:
Held: Perusal of the material available on record indicate that 
two split charge-sheets were filed against the appellant, leading 
to the institution of two cases – Many of the allegations in the 
present case and the earlier case appear to be overlapping – In 
the previous case, the appellant had remained in custody for more 
than 4 years, whereafter, this Court suspended the sentences 
awarded to the appellant and released him on bail – Fervent 
contention raised on behalf of the appellant that two separate 
prosecutions were impermissible because the allegations in both 
594
[2026] 4 S.C.R.
Supreme Court Reports
the cases are overlapping – This aspect of the case would have 
to be gone into by the High Court while deciding the pending 
appeals – However, the fact remains that the appellant has 
undergone custodial incarceration of more than 10 months in the 
instant case as well – Sentence awarded to the appellant in the 
other case involving allegations of acquisition of disproportionate 
assets, having been suspended by this Court, bail granted to the 
appellant in the present case also – Appellant to be released on bail 
by suspending the substantive sentence of imprisonment awarded 
by the trial court, subject to the condition imposed – Impugned 
order set aside. [Paras 19-23]
List of Acts
Chota Nagpur Tenancy Act, 1908; Penal Code, 1860; Prevention 
of Corruption Act, 1988; Constitution of India.
List of Keywords
Application for suspension of sentence; Grant of bail during 
pendency of the appeal; Instant case and the earlier case appear 
to be overlapping; Suspension of sentence pending appeal; 
Former Minister in the State of Jharkhand; Holding responsible 
public office of Minister in the State; Misused his official position; 
Criminal misconduct; Amassing assets grossly disproportionate to 
his known sources of income; Investigation.
Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 
1922 of 2026
From the Judgment and Order dated 18.12.2025 of the High Court 
for the State of Jharkhand at Ranchi in IA No. 13857 of 2025.
Appearances for Parties
Advs. for the Appellant(s):
Siddharth Dave, Sr. Adv., Vishal Kumar, Nikhil Jain, Sujit Kumar 
Sinha, Aniket Bose.
Advs. for the Respondent(s):
Davinder Pal Singh, A.S.G., Mukesh Kumar Maroria, Rajan Kumar 
Chourasia, Ms. Disha Thakkar, Ms. Astha Singh, Jagdish Chandra, 
Ms. Archana Surve Shinde.
[2026] 4 S.C.R. 
595
Anosh Ekka v. State Through Central Bureau of Investigation
Judgment / Order of the Supreme Court
Order
1.	
Heard.
2.	
Leave granted.
3.	
The appellant herein, a former Minister in the State of Jharkhand has 
preferred the instant appeal against order dated 18th December, 2025 
passed by the High Court of Jharkhand at Ranchi1 in I.A. No. 13857 
of 2025 arising out of Criminal Appeal (SJ) No. 850 of 2025, whereby 
the High Court rejected the appellant’s application for suspension of 
sentence and grant of bail during pendency of the appeal.
4.	
The case of the prosecution, in a nutshell, is that an FIR being 
Vigilance Bureau P.S

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