Supreme Court Makes Interim Protection Against Arrest Absolute in Jharkhand Vigilance Case, With investigation complete and charge-sheet filed, Court says police arrest no longer arises; accused told to appear before trial court and cooperate with proceedings.
New Delhi, Oct. 7, 2026: The Supreme Court on Tuesday granted relief to Manzar Khan in a long-pending vigilance case from Jharkhand, making absolute the interim protection against arrest that had earlier been granted by the Court.
A bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar was hearing Khan’s appeal against a Jharkhand High Court order that had rejected his plea for anticipatory bail. The case stems from FIR No. 24 of 2011 registered at Sadar (Vigilance) Police Station, Ranchi, under provisions of the Indian Penal Code and the Prevention of Corruption Act.
According to the prosecution, the partnership firm M/s. Qayamuddin Khan & Co., of which the appellant is a partner, allegedly committed irregularities in contract works, resulting in loss to the public exchequer. The allegations include criminal breach of trust, forgery, conspiracy, and corruption-related offences.
The Supreme Court noted that the investigation had already been completed, the charge-sheet had been filed before the trial court, and cognizance had been taken. Although the trial had not yet begun, the bench observed that in such circumstances, the question of arrest by the police did not arise.
The Court also acknowledged that, strictly speaking, anticipatory bail may no longer have been necessary at that stage. However, to prevent any possible misinterpretation of the legal position, the bench decided to make the interim protection granted on June 3, 2026, absolute.
At the same time, the Court directed Khan to appear before the trial court on the next date fixed, November 21, 2026, and furnish a bail bond, which the trial court has been instructed to accept. The appellant was further directed to cooperate with the trial, remain present on the dates fixed by the court, and avoid seeking unnecessary adjournments.
The appeal was accordingly allowed.
Bottom Line:
Anticipatory bail - Where investigation is complete, charge-sheet has been filed, cognizance has been taken and matter is pending before Trial Court, question of arrest by police does not arise - Though technically anticipatory bail may not be warranted at that stage, Supreme Court can make earlier interim protection against arrest absolute to avoid mis-construction of law - Accused directed to appear before Trial Court and furnish bail bond.
Statutory provision(s): Sections 406, 409, 467, 468, 109, 120B, Indian Penal Code, 1860, Sections 13(1)(D), 13(2), Prevention of Corruption Act, 1988, Section 438, Code of Criminal Procedure, 1973
Manzar Khan v. State of Jharkhand, (SC) : Law Finder Doc id # 2994230
