The Supreme Court on Tuesday adjourned to April 22 the hearing on a CBI plea challenging the bail granted to RJD chief Lalu Prasad Yadav by the Jharkhand High Court in the Deoghar treasury fodder scam case. The Court noted that pleadings were incomplete and some of the accused persons had died.
A bench of Justices MM Sundresh and N Kotiswar Singh deferred the matter after recording that the case files were not ready for final consideration. The bench also indicated that proceedings would be closed in respect of those respondents who are no longer alive.
During the hearing, the bench remarked that the legal issue involved was well known to all parties and took note of the advanced age of the accused.
“Both of us know what this special leave petition is. We think both of you know what the result is. We all know what the question of law is. The persons are in their 60s, 70s and 80s. The files are just languishing,” the Court observed.
It added that matters relating to deceased respondents would be closed.
Additional Solicitor General SV Raju, appearing for the CBI, contended that the Jharkhand High Court had passed an “illegal order” by suspending the sentence and granting bail in violation of law. He argued that the trial court had awarded a sentence of only 3.5 years despite the offence carrying a maximum punishment of seven years.
Senior advocate Kapil Sibal, appearing for Lalu Prasad, submitted that notice had not been served on some of the accused persons.
Lalu Prasad was convicted by a special CBI court in the Deoghar treasury case relating to the fodder scam, which involved alleged defalcation of ₹89 lakh from the animal husbandry department when Jharkhand was part of undivided Bihar. The trial court sentenced him to 3.5 years’ imprisonment.
The CBI later filed an appeal seeking enhancement of the sentence, contending that Yadav, being in overall charge of the department at the relevant time, was aware of the defalcation and that the punishment awarded was inadequate.
In July last year, the Jharkhand High Court admitted the CBI’s appeal for enhancement of sentence and granted bail to Yadav. The present special leave petition before the Supreme Court challenges that grant of bail.
The matter will now be taken up for further hearing on April 22.
