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The Supreme Court on Monday issued notice in the plea challenging grant of bail to Rashtriya Janata Dal (RJD) Leader, Lalu Prasad Yadav in the cases related to Fodder Scam by the Jharkhand High Court.
A bench of Justice L Nagweswara Rao and Justice BR Gavai issued notice in both the petitions challenging separate orders of the High Court allowing bail.
Additional Solicitor General SV Raju appearing for the State submitted that the High Court has not considered 2 sections. Whereas, Justice Rao said that the High Court has said that they have applied the 50% rule and Prasad has already been in jail for half of the term.
However, Raju stated that the 50% rule cannot be applied in this case as the sentence is consecutive.
Earlier, the Jharkhand High Court on April 17, 2021, had allowed bail to Prasad in the Dumka Treasury case stating that the accused had already served half of the sentence. Whereas, on October 9, 2020, the High Court had allowed bail to Prasad in the Chaibasa Treasury Matter.
It may be noted that On February 21, 2022, Prasad has been sentenced to 5 years imprisonment and directed to pay ₹60 lakh as a fine in the fodder scam case by a CBI special court in Ranchi.
Judge CK Shashi had pronounced verdict on Feb,15th in which Prasad, already convicted in four other cases of the fodder scam, was held as an accused in the fifth and final case that peratained to fraudulent withdrawal of ₹139.35 crore from Doranda treasury.
“Currently, Prasad has been taken in judicial custody. We have put up a petition before the court regarding his health condition. He has been under treatment of RIMS and AIIMS. Now whether the court would send him to jail or RIMS that will be decided post lunch," Prasad's counsel Anant Kumar had stated.
On January 29, the court had completed hearing arguments in the ₹139.35 crore Doranda treasury embezzlement case involving Prasad and had reserved its verdict.
Cause Title: State of Jharkhand Vs. Lalu Prasad Yadav
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