SC refuses to cancel Lalu Prasad Yadav’s bail in fodder scam

SC Refuses to Cancel Lalu Prasad Yadav’s Bail in Fodder Scam

SC refuses to cancel Lalu Prasad – The Supreme Court has decided not to revoke the bail granted to Lalu Prasad Yadav, the leader of the Rashtriya Janata Dal (RJD), in the fodder scam cases. The court emphasized that six years had elapsed since the bail was initially awarded, making it inappropriate to disrupt his freedom at this stage. Instead, it instructed that the unresolved criminal appeals be processed more quickly and requested the Jharkhand High Court to resolve them within six months.

Bench’s Rationale for Maintaining Bail

A bench comprising justices MM Sundresh and Prasanna B Varale rejected the Central Bureau of Investigation’s (CBI) attempt to overturn the Jharkhand High Court’s decision to suspend Yadav’s sentence and grant him bail. The court noted that the time elapsed since the bail was granted supports the current arrangement. “We are not inclined to interfere with the order since several years have passed,” the bench stated, highlighting the importance of allowing liberty to remain undisturbed.

“We are not inclined to interfere with the impugned order since several years have passed since the impugned order,” the bench said. It also pointed out that the criminal appeals have been pending since 2018, adding, “It will only be appropriate to request the high court to expedite the appeal and decide it preferably within six months.”

CBI’s Argument and Legal Dispute

During the proceedings, SV Raju, the additional solicitor general representing the CBI, contested the Jharkhand High Court’s calculation of Yadav’s served imprisonment. He claimed the judge’s approach was incorrect, stating that the sentences should have been served consecutively. “He had to undergo sentences consecutively, and therefore the trial court is wrong when it says he has undergone half the sentence,” Raju argued.

In response, senior advocate Kapil Sibal, who defended Yadav, asserted that Section 427 of the Code of Criminal Procedure applies only at the final stage of a case. “The principle of concurrent sentences applies when determining suspension, not during interim decisions,” he explained, challenging the CBI’s interpretation.

Yadav’s Case and Convictions

The Supreme Court’s decision aligns with its earlier stance from February, where it expressed reluctance to cancel Yadav’s bail and focused on resolving the pending appeals. The CBI has contested multiple high court rulings, including one from October 2020, which suspended Yadav’s sentence in the Chaibasa treasury case. This case involves alleged fraudulent withdrawals of ₹37.62 crore from the treasury between 1992 and 1993.

Yadav has argued that the CBI misinterpreted the law. He claims that sentences for offences under the Indian Penal Code and the Prevention of Corruption Act are typically considered concurrent when evaluating bail eligibility. Additionally, Yadav highlighted his age and medical condition, including a kidney transplant in 2022, as reasons to retain his bail.

Conviction Details and Scam Overview

Lalu Prasad Yadav, aged 77, was convicted in five cases linked to the fodder scam. These cases concern fraudulent withdrawals totaling approximately ₹950 crore from the undivided Bihar treasury between 1992 and 1995. The withdrawals were made through fake bills for items like fodder, medicines, and equipment, affecting treasuries in Chaibasa, Deoghar, Dumka, and Doranda.