In a decision that will give big boost to RJD’s chances in the lok Sabha polls, RJD leader lalu Prasad got bail from the Supreme Court on Friday in a fodder scam case. The apex Bench passed the order after the CBI agreed that similarly placed accused in the case had been granted bail.
lalu, however, will be released from jail subject to bail conditions being imposed by the trial judge to his satisfaction, the Bench ordered.
Sentenced to undergo a five-year jail term by a Ranchi court, lalu has already undergone one year imprisonment. After Jharkhand High Court rejected his bail, lalu claimed he was discriminated by the courts below as other accused in the case were out on bail.
His counsel and senior advocate Ram Jethmalani informed the court that 37 of the 44 accused in the case had been released on bail. These included some of the accused who were sentenced to five-year term. Pointing to the irony, Jethmalani said, “Even the Minister incharge of the department (Animal Husbandry) involved in the case has been released on bail.”
Jethmalani pointed out that his appeal pending with the Jharkhand High Court is likely to take six to seven years, considering the huge backlog of criminal appeals.
On lalu’s plea the apex bench comprising Chief Justice P Sathasivam and Ranjan Gogoi sought the view of the CBI. Additional Solicitor General (ASG) PP Malhotra, appearing for the investigating agency, pointed out his opposition to bail on merits of the case. The bench clarified, “We are not concerned on merits at this stage. He has pointed out that his appeal is likely to take several years and similarly placed accused, punished with five-year sentence are already released on bail.”
ASG Malhotra did not controvert the submissions. He only said, “Only that he (lalu) should not run away from the country.” The court said, “As far as this is concerned, the conditions can be imposed by the trial court.”
RJD chief along with another former Bihar Chief Minister Jagannath Mishra were convicted by a special CBI court in the fodder scam case which involved fraudulent withdrawal of Rs37.7 crore from Chaibasa Treasury during the time Bihar was under lalu’s regime.