On Tuesday, the Central Bureau of Investigation submitted its written opposition to RJD Chief Lalu Prasad’s bail appeal in Jharkhand HC in the fodder scam case related to Dumka treasury saying that he has not served a single days sentence in connection with it.
Lalu Prasad’s lawyers alleged that he has completed half of his sentence in judicial custody in the case.
Prasad, the Ex-Bihar CM, was sentenced on March 24, 2018, to fourteen-years rigorous imprisonment by CBI special judge Shivpal Singh in the Dumka treasury embezzlement case of fodder scam.
The Ex-CM, convicted in 4 fodder scam cases, would be able to walk out of the jail if he acquires bail in the case.
He has already secured bail in 3 other cases.
The CBI in its reply said that Lalu Prasad has so far been convicted by CBI Courts in 4 different cases of fodder scam & in the Dumka case he has been sentenced to 14 years’ rigorous imprisonment.
The special CBI Court hasn’t mentioned anywhere in its order that the sentence given to Prasad in Dumka case will run concurrently with the sentences given to him in other cases of fodder scam & the punishment under section 427 of the Code of Criminal Procedure.
If the court does not mention this, the sentences of the accused are carried out one after the other.
The CBI in its reply also said that Prasad himself had not made any request to the CBI special court to carry out his sentences concurrently.
At present, Lalu Yadav is serving jail terms in three other fodder scam cases & his judicial custody in the Dumka case will start only after the completion of those sentences.
Prasad’s lawyer Kapil Sibal arguing for his bail had told the court that he was suffering from diabetes, high blood pressure, heart disease, chronic kidney disease, fatty liver & various other disease & so he has not been kept in Birsa Munda Central jail but admitted in RIMS.
Sibal had requested the Court to grant him bail in the case as he had served half his sentence & was ill.
On Nov 6, the High Court of Jharkhand deferred the RJD chief’s bail plea hearing in the fodder scam case related to Dumka treasury to Nov 27 after the CBI sought more time to file a written reply in the matter.