Big relief for Lalu Yadav, SC refuses to cancel his bail in fodder scam case

by · KalingaTV

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New-Delhi: The Supreme Court on Tuesday refused to interfere with a Jharkhand High Court order granting bail to Rashtriya Janata Dal (RJD) chief Lalu Prasad Yadav in the Deoghar treasury fodder scam case

The Supreme Court refused to stay the Jharkhand High Court’s order and also refused to grant an order on the CBI’s petition.

A bench of Justices MM Sundresh and PB Varale heard the matter and declined to interfere with the High Court’s order but directed it to expedite the hearing of Yadav’s appeal against the trial court’s judgment.

“We are not inclined to interfere in the impugned order. The appeal is of the year 2018. It will only be appropriate to request the High Court to expedite the hearing of the appeal, preferably within six months. Disposed of. The legal issue is kept open,” said the bench while dictating the order.

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Additional Solicitor General (ASG) SV Raju, appearing for CBI, argued that on two occasions, Yadav’s plea for suspension of sentence was rejected on the merits. He said the High Court had erred in calculating the period of imprisonment undergone by Yadav.

“The issue now is that subsequently, the High Court grants bail on the ground that he has completed 50 per cent of the sentence, which is factually incorrect. Without considering the fact that it’s not a concurrent sentence, it suspends the sentence and grants him bail. This can’t be done. The yardstick applied is wrong. He has delayed the trial,” ASG said.

Senior advocate Kapil Sibal, appearing for Yadav, said, “This whole argument that he should have undergone the first sentence then the second sentence, is completely wrong. The judge has applied a uniform yardstick. It’s the discretion of the judge.”

After the former Bihar Chief Minister completed half of his jail term in connection with the fodder scam case, the High Court in 2019 had granted him bail.

Also Read: RJD Chief Lalu Prasad Yadav Convicted For 5 Years: Fifth Fodder Scam Case

 

 

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