The CBI on Tuesday filed its reply before Jharkhand High Court regarding the bail petition filed by former Bihar chief minister and RJD president Lalu Prasad which is scheduled to be heard on November 27.
Lalu Prasad has requested for bail in one of a fodder scam case RC 38A/96 related to illegal withdrawal of Rs 3.76 crore from Dumka treasury, where he was awarded 14 years of rigorous imprisonment by a special CBI court of Shivpal Singh.
The court had awarded him seven years of rigorous imprisonment under sections of IPC and another seven years under sections of Prevention of Corruption Act. The court directed that both punishments will run consecutively.
The CBI contended that Lalu Prasad has not completed half of the jail term hence he is not entitled for bail.
The CBI referred section 427 of CrPC stating that if a person is convicted more than one in the offences similar in nature then jail term will also run consecutively.
Convicted in four fodder scam cases, Lalu Prasad has already secured bail in three and his release from jail depends upon whether or not he gets bail in Dumka case also.
In the previous hearing held on November 6; senior Supreme Court lawyer Kapil Sibal and senior High Court lawyer Devarshi Mandal had argued on behalf of Lalu Prasad whereas senior lawyer Rajiv Sinha represented the CBI.
Sibal had contended before the court that Lalu Prasad currently undergoing treatment under supervision of RIMS doctors have served half of the jail term in Dumka treasury case. But the CBI objected and said that the agency needs time to submit a reply regarding his health besides to calculate the exact period of jail term he has served.