Jharkhand High Court rejects Bail Plea by Lalu Prasad Yadav in Fodder Scam Case [Read Order]

The Jharkhand High Court on Thursday rejected the bail application preferred by former Bihar Chief Minister, Lalu Prasad Yadav, to suspend the sentence served on him for his role in the Fodder scam case..The order was passed by Justice Aparesh Kumar Singh. Senior Counsel Kapil Sibal and Chhittaranjan Sinha along with advocates Adit S Pujari, Prabhat Kumar and Debarsis Mandal appeared for Lalu Prasad Yadav. ASGI Rajiv Sinha appeared on behalf of the State. .Apart from arguing that the trial court had erred in convicting Yadav in the case, Sibal also submitted that Yadav should be enlarged on bail given his poor health. Further, the upcoming elections were also quoted as an additional ground to seek the grant of bail. It was contended that being the founder of the Rashtriya Janata Dal, his presence was essential for the party in view of the upcoming Lok Sabha elections in June this year..However, Justice Kumar held that there was enough evidence on record to show the involvement of Prasad in the fodder scam in question. All the same, he emphasised that the Court is refraining from commenting further on the case, lest it may prejudice the case of the parties at the time of final hearing..He went on to reject the plea for bail after noting that there was no urgent medical ground warranting the same. The Court observed that his medical conditions will continue to be assessed by doctors at RIMS..“Whether any specialised treatment is required in future would depend not the evaluation and opinion of the doctors at RIMS, Ranchi. If his condition is found to be satisfactory and improving, it would be open for the doctors at RIMS to refer him back to Birsa Munda Central Jail, Hotwar, Ranchi on such evaluation of his treatment..As per the Medical Report dated 28.12.2018, Doctors at RIMS have not advised any specialised treatment outside Ranchi for the present.”.The Court rejected the bail prayer after also noting that there was no substance in the plea concerning the need for his presence in view of the upcoming elections. .“…this Court does not find substance in this plea, more so for the reason that the appellant stands convicted for serious charges of criminal conspiracy and offence under the P.C. Act. The appellant has also not undergone custody for more than half the sentence awarded by now even if the sentenced are treated to run concurrently and not consecutively..… I am not inclined to grant the privilege of suspension of sentence…and enlarge him on bail.”.In March, last year, a special CBI Court sentenced Lalu Prasad Yadav to seven years imprisonment for his role in the fraudulent transfer of money to the tune of Rs. 3.76 crores from the Dumka Treasury between 1989 and 1995, during which time Yadav had served as the Chief Minister and Finance Minister. In December, Yadav was also convicted for his role in the embezzlement of Rs. 89 lakh from the Deoghar Treasury between 1991 and 1994..Read the order: