‘The files are just languishing’: SC to hear appeals against bail to Lalu in fodder scam case on April 22

Appearing for the central probe agency, Additional Solicitor General S V Raju said the HC order was against the settled principles of law regarding suspension of sentence. “It can’t be done. It’s an illegal order,” he said.

Senior Advocate Kapil Sibal, appearing for Yadav, said that the accused in some of the connected matters were yet to be served notice while some had not filed replies and, as such, there was no need to rush the matter. “There is no need for such excitement. There are other accused, some haven’t even filed replies,” he said.

Justice Sundresh then remarked that the accused in the case — the Deoghar treasury scam case  —  are already in their 60s, 70s and 80s.

“We both (judges) know what this special leave petition is. We think both of you know what the result is. You do your job, we do our job. We can fix a date for the appeal to be disposed of. We all know what the question of law is. The persons are in their 60s, 70s, and 80s,” the judge said.

Raju repeated: “This is post-conviction bail. The sentence has been suspended illegally. It cannot be done.”

The matter is part of the cases arising from the fodder scam during Prasad’s tenure as the CM of undivided Bihar. Though he was convicted in the cases pertaining to fraudulent withdrawal of money from Deoghar, Dumka and Chaibasa treasuries, which fell in Jharkhand following the division of the state, the Jharkhand HC gave Lalu bail in the Deoghar treasury matter in 2019, in the Chaibasa matter in October 2020 and in the Dumka case in April 2021.