Has the SC Set April 22 for the Final Hearing on CBI Appeals Against Lalu Prasad's Bail in Fodder Scam?
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New Delhi, Feb 17 (NationPress) The Supreme Court has scheduled a final hearing for April regarding a series of appeals launched by the Central Bureau of Investigation (CBI) contesting the suspension of sentence awarded to former Bihar Chief Minister Lalu Prasad Yadav and other individuals convicted in the fodder scam cases.
A bench comprising Justice M.M. Sundresh and Justice N. Kotiswar Singh stated that the cases would be addressed for final resolution on April 22, noting that many of the accused are now of advanced age.
Representing the CBI, Additional Solicitor General (ASG) S.V. Raju argued that the Jharkhand High Court had breached established guidelines regarding post-conviction suspensions of sentences. He asserted that once a conviction is established, a suspension of sentence should not occur without a change in circumstances.
“This pertains to post-conviction bail. The suspension of the sentence is illegal. It should not have happened,” ASG Raju stated, emphasizing that Lalu Prasad and the others were “illegally released”.
Conversely, senior advocate Kapil Sibal, representing Lalu Prasad Yadav, challenged the urgency of the situation, pointing out that in related appeals, several defendants had not yet been served or had not submitted their responses.
“There is no cause for such alarm. Other accused individuals have not even filed their replies,” he remarked.
Recognizing the arguments presented, the bench led by Justice Sundresh acknowledged that all parties were cognizant of the legal issues at stake.
“Both of us understand what this special leave petition entails. We believe you are also aware of the likely outcome. You handle your responsibilities, and we will manage ours. We can set a date for resolving the appeal. We also understand the legal questions involved,” Justice Sundresh commented, observing that the respondents range in age from their 60s to late 80s, with their sentences currently suspended.
The apex court indicated that cases where any respondent-accused has passed away would be formally concluded.
The fodder scam cases pertain to fraudulent withdrawals of approximately Rs 950 crore from the state treasury between 1992 and 1995, during which Lalu Prasad Yadav was the Chief Minister of undivided Bihar and held responsibility for the Animal Husbandry Department. He was convicted in relation to withdrawals from the Deoghar, Dumka, and Chaibasa treasuries, which are now part of present-day Jharkhand.
In July 2019, the Jharkhand High Court granted bail to Lalu Prasad Yadav in one of the fodder scam cases and suspended his sentence. This decision was challenged by the CBI in the Supreme Court, which issued a notice in February 2020. The CBI has also requested an increase in his sentence, arguing that the offense represents a serious economic crime committed by a high-ranking public official.