The Supreme Court in the case State of Jharkhand V. Lalu Prasad @ Lalu Prasad Yadav observed wherein the appeal is moved by the Central Bureau of Investigation, CBI challenging the bail granted to Rashtriya Janata Dal (RJD) chief and former Bihar chief minister Lalu Prasad Yadav in a fodder scam case to October 17.
The bench comprising of Justice AS Bopanna and Justice MM Sundresh was hearing the batch of petition moved against the orders granting bail to the former legislator. The court stated the right at the outset that these would have to be heard on a ‘non-miscellaneous day’.
The court stated during the brief courtroom exchange before the hearing was adjourned, the counsel, Senior Advocate Kapil Sibal, appearing for Yadav, argued before the court that the septuagenarian could not be asked to ‘go back to jail’. “H e has just had a kidney transplant! He is 75 years old. At this stage, they want him to go to jail again, even after having served 42 months.
The court in the case observed and had turned down the request made on behalf of the CBI for an earlier date in September. It has also been contended by the Central Bureau of Investigation, CBI that if the sentences imposed on Yadav should run consecutively and not concurrently, while the court opposing the bail granted to Yadav by the Jharkhand High Court.
The counsel, Additional Solicitor General, SV Raju countered, he is playing badminton. Further, it ahs been argued by the law officer that the orders granting bail was bad inasmuch as it had considered the sentences in various cases in which Yadav was convicted to run concurrently and not consecutively The court stated that the bail after conviction! I will demonstrate that these orders are bad in toto. There being the short question of law: bail has been granted on an erroneous assumption considering that sentences are concurrent and not consecutive.