The Supreme Court of India has postponed the hearing on a petition filed by the Central Bureau of Investigation (CBI) challenging the bail granted to Lalu Prasad Yadav in the fodder scam case. The matter will now be heard in January 2024. The CBI argued that the Jharkhand High Court made an error in concluding that Lalu had already served half of his sentence.
A bench of justices AS Bopanna and MM Sundresh remarked that returning Lalu Prasad Yadav to prison would be challenging, especially since he had been released on bail in separate fodder scam cases, some of which date back four years.
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The CBI's case centers on the high court granting bail with the "erroneous assumption" that the sentences in multiple fodder scam cases were to run concurrently rather than consecutively. The CBI contended that Lalu's sentence should be served consecutively, totaling 14 years. At the time of receiving bail, Lalu had served only about one year of his sentence.
Senior advocate Kapil Sibal, representing Lalu, questioned the CBI's motive in seeking a hearing after a 14-month delay, suggesting it was a ploy to keep Lalu in jail and prevent his participation in the 2024 general elections. He emphasized Lalu's medical condition and advanced age as reasons for his bail.
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In August, the CBI had pointed out that Lalu, out on medical bail, was seen playing badminton. Alongside the CBI's appeal, the Supreme Court also has pending petitions from the Jharkhand government challenging earlier bail orders granted to the RJD chief. Lalu Prasad Yadav was convicted in five cases related to fraudulent withdrawals from state treasuries during his tenure as Bihar's chief minister. The scams involved substantial disbursements from state treasuries based on fake bills.