Summary
The Supreme Court suspended the sentence of a former Jharkhand Minister convicted in a split disproportionate-assets prosecution and granted him bail pending his appeal, noting the overlapping allegations with an earlier case in which his sentence had already been suspended and his custody of over ten months in the present case.
Issues
- Whether the appellant, convicted under the Prevention of Corruption Act, 1988 and Section 120B read with Section 193 IPC and sentenced to seven years, was entitled to suspension of sentence and bail pending his criminal appeal before the High Court.
Provisions considered
- Section 13(2) read with Section 13(1)(d), Prevention of Corruption Act, 1988Offences of conviction (with Section 120B IPC) in the second, split chargesheet arising from the same vigilance case; the appellant was sentenced to seven years' rigorous imprisonment, which the Court suspended pending appeal. (¶¶ 8, 10, 21)
- Section 120B read with Section 193, Indian Penal Code, 1860Further offence of conviction carrying two years' rigorous imprisonment, to run concurrently; included in the suspension of sentence. (¶¶ 10, 21)
Held
- Two split chargesheets arose from the same vigilance case and many allegations in the present and earlier prosecutions appear to overlap; whether two separate prosecutions were permissible is a question for the High Court to decide in the pending appeals. (¶¶ 19, 20)
- Since the appellant had undergone more than ten months of custody in the present case and his sentence in the other disproportionate-assets case had already been suspended by the Supreme Court, he was entitled to bail in the present case as well. (¶¶ 19, 20)
- Bail was made conditional on the appellant filing, within seven days of release, an undertaking before the trial Court to assist in restoring the tribal land to its original status, besides such conditions and bonds as the trial Court may impose. (¶ 21)
Result
Appeal allowed; High Court order of 18.12.2025 set aside; substantive sentence suspended and appellant released on bail subject to an undertaking to assist in restoring the tribal land and conditions imposed by the trial Court.