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Synopsis

Former Bihar Chief Minister Lalu Prasad has opposed before the Supreme Court a plea by the Central Bureau of Investigation, seeking cancellation of his bail in the fodder scam case. It is his contention that saying it is "erroneous, misconceived, meritless" and "untenable" to the settled position of law.

In an affidavit, the RJD chief said that the CBI's plea against the Jharkhand High Court's order, ignored the settled position of law, which required "overwhelming circumstances are necessary to reverse an order granting bail". 

He also stated he had been in custody for a period of 30 months.

Prasad also said he is senior citizen, over 75 years of age, and suffered various age-related ailments along with co morbidities, and has also undergone serious surgical/ medical interventions since his release. 

He has had to undergo a very serious surgery, namely a kidney transplant on December 5, 2022. 

"As such, no useful purpose would be served by setting aside the order and directing the respondent who is in such a frail state of affairs, to be remanded to custody," Prasad in his detailed written response.

He also pointed out the High Court of Jharkhand as a uniform rule, which has particularly been followed in cases arising out of the fodder scam, has been suspending a sentence of conviction if an accused has spent half the period of sentence in custody without the appeal against the order of conviction being finally heard. 

"In any event, it is settled law that consideration for suspending a sentence of conviction should be that if it is unlikely that the appeal would be heard expeditiously, then the sentence ought to be suspended," he said.

He also termed the CBI's plea placing reliance on a chart to indicate "period spent in hospital after conviction" as "wholly mischievous" since he has had to undergo a very serious surgery, namely a kidney transplant on December 5, 2022.

The top court had earlier agreed to list the CBI's plea for hearing on August 25.

Background:

 

In March this year, Supreme Court had tagged the plea filed by CBI challenging the grant of bail to Yadav in the 'Doranda Treasury case' of Jharkhand— the fifth case related to the fodder scam, along with other pending petitions.

CBI has challenged the Jharkhand High Court’s order of April 22, 2022, granting Yadav bail in the case. Yadav has been convicted in several cases involving the fodder scam but is currently out on bail due to his poor health. In the present 'Doranda Treasury case' he has been sentenced to five years in prison.

In February 2022, a Special CBI Court in Ranchi sentenced the former Chief Minister of Bihar to five years in prison and imposed a fine of Rs. 60 lakh in connection with the fifth fodder scam case, which involves embezzlement of more than Rs 139 crore by Doranda Treasury.

Case Title: The State of Jharkhand Vs Lalu Prasad