The Supreme Court on Tuesday refused to revoke the bail granted to Rashtriya Janata Dal (RJD) president Lalu Prasad Yadav in the fodder scam cases, observing that it would not be appropriate to interfere with his liberty after six years.
A Bench of Justices M.M. Sundresh and N. Kotiswar Singh was hearing appeals filed by the Central Bureau of Investigation (CBI) challenging the Jharkhand High Court’s orders suspending Mr. Yadav’s sentence and granting him bail following his conviction in the fodder scam cases. The Bench directed the Jharkhand High Court to decide the pending criminal appeals against the suspension of his sentence expeditiously, preferably within six months.
The CBI had contended that the High Court had incorrectly computed the period of imprisonment undergone by Mr. Yadav while granting him bail. However, Senior advocate Kapil Sibal, appearing for Mr. Yadav, pointed out that Section 427 of the Code of Criminal Procedure, which governs the concurrent or consecutive running of sentences, becomes relevant only at the stage of final adjudication and not while considering an application for suspension of sentence.
The Bench agreed with the contention and observed that it was more inclined to ensure an expeditious hearing of the pending appeals rather than revisit the bail order. The apex court had earlier indicated that it was not inclined to revoke Mr. Yadav’s bail and would instead expedite the hearing of the pending appeals.
The CBI has challenged the Jharkhand High Court’s orders, including one passed in October 2020, suspending Mr. Yadav’s sentence in the Chaibasa treasury case involving the fraudulent withdrawal of ₹37.62 crore during 1992-93. The principal issue before the apex court is whether Mr. Yadav was entitled to suspension of sentence and bail on the ground that he had completed half of the term of imprisonment.
The fodder scam comprises 55 criminal cases arising out of the alleged embezzlement of nearly ₹950 crore from the undivided Bihar treasury between 1992 and 1995 through fabricated bills raised for the purchase of fodder, medicines and equipment.
