State of Bihar Thr. Vigilance vs Sudha Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(SC) 294

SANJAY KAROL, N. KOTISWAR SINGH
State of Bihar Thr. Vigilance – Appellant
Versus
Sudha Singh – Respondent

Advocates appeared:
For the Appellant : Mr. Gaurav Agarwal, Sr. Adv., Mr. Azmat Hayat Amanullah, AOR, Ms. Nitya Sharma, Adv., Ms. Apurva Rajora, Adv., Ms. Rebecca Mishra, Adv., Ms. Apoorva Rajora, Adv., Ms. Vanshita Gupta, Adv., Ms. Ekta Kundu, Adv.
For the Respondent: M/S. V. Maheshwari & Co., AOR, Mr. Sumit Srivaastava, AOR.

Judgement Key Points

Based on the provided legal document, here are the key points regarding the judgment:

Confiscation Continues After Death: Confiscated properties held in the name of a closed relative or spouse can continue to remain confiscated with the State even upon the death of the public servant, provided the proceedings were initiated while the accused was alive and they were heard. (!) (!) (!)
Distinction Between Acquittal and Abatement: There is a clear distinction between acquittal and abatement of proceedings; abatement occurs only when death leaves no possibility open, whereas it is not a comment on the merits of the matter. (!) (!) (!)
Prosecution of Non-Public Servants: A non-public servant (such as a spouse or relative holding property) can be proceeded against under Section 107 of the Indian Penal Code when the initial case is registered under Section 13 of the Prevention of Corruption Act. (!) (!) (!)
Statutory Basis for Confiscation: Under the Bihar Special Courts Act (BSCA), an order for confiscation can be passed by the authorized officer after issuing a notice, considering explanations, and giving an opportunity of being heard to the person holding the money or property, or any other person through whom it is held. (!) (!)
Return of Property Conditions: The BSCA specifically provides that confiscated money or property is returned only in two scenarios: (a) modification or annulment of the order by the High Court, or (b) acquittal by the Special Court. (!) (!)
Restoration of Appeals: The impugned judgments setting aside the attachment/confiscation proceedings due to the death of the main accused were set aside, and the appeals were restored to the file of the High Court to be decided on merits. (!) (!) (!)
Relevant Laws Referenced: The judgment relies on the Prevention of Corruption Act, 1988 (Sections 7, 13(1)(d), 13(2)), Indian Penal Code (Sections 409, 120-B, 107), Criminal Procedure Code (Section 394(2)), and the Bihar Special Courts Act, 2009 (Sections 13, 14, 15, 19). (!) (!) (!) (!) (!)

JUDGMENT :

SANJAY KAROL, J.

Leave Granted.

Criminal Appeal@ SLP (Crl) 7454 of 2025

2. This appeal at the instance of the State of Bihar takes exception to Criminal Appeal (SJ) No.662 of 2013, which was allowed in favour of the Respondent herein in terms of judgment dated 27th September 2023, setting aside attachment proceedings against the respondent on account of the fact that her husband, namely Ravindra Prasad Singh, the main accused in two FIRs viz., Vigilance P.S. Case No.52/2009 under Sections 7, 13(2) read with 13(1)(d), of the Prevention of Corruption Act, 1988¹[PC Act], and 409, 201, 120-B, Indian Penal Code 1860²[IPC] Vigilance P.S. Case No. 84/2009 under Sections 7, 13(2) read with 13(1)(e), P.C. Act, had passed away.

3. The period during which the husband of the respondent is alleged to have amassed disproportionate assets was between 28th June 1975 to 11th May 2009 to the tune of Rs.12,96,516/-, apart from several immovable properties and other valuables. A chargesheet was filed on 7th October 2009. The Act under which the present proceedings came to be before the High Court, came into effect on 8th February 2010. Notice was issued to both the respondent and her husband on

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2026 Supreme(SC) 294

SANJAY KAROL, N. KOTISWAR SINGHState of Bihar Thr. Vigilance – AppellantVersusSudha Singh – Respondent

Cases Referred (4)

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SANJAY KAROL, N. KOTISWAR SINGH
State of Bihar Thr. Vigilance – Appellant
Versus
Sudha Singh – Respondent