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Ae Bail Hai Mushkil: Lalu Has One Legal Option Left in Fodder Scam

A three-and-a-half year jail-term and Rs 5 lakh fine has been imposed on Yadav by a special CBI court.

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Former Chief Minister and RJD Chief Lalu Prasad Yadav was sentenced to three-and-a-half years in jail by a special CBI court on Saturday for his role in the Fodder Scam case relating to the fraudulent withdrawal of Rs 89.27 lakh from the Deoghar Treasury 21 years ago.

A Rs 10 lakh fine for two cases in the scam (Rs 5 lakh + Rs 5 lakh) was also imposed on Yadav as well as ten others by the CBI court, reports PTI. If Yadav fails to pay the fine on time, his jail term will be extended by another six months.

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As per the First Schedule of the CrPC, bailable offences are only those that are punishable with imprisonment for less than three years, or with fine only.

Since Yadav’s sentence exceeds this by six months, his case cannot come under this section at the CBI Court.

So what can he do now?

Appeal for Suspension of Sentence

Lalu can appeal before the Jharkhand High Court for the suspension of his sentence, and apply for bail at the High Court during the pendency of that appeal.

Upon hearing the verdict against Lalu, his son Tejashwi Yadav, after discussions with the other leaders of the RJD, stated:

The judiciary has performed its duty. We will go to the High Court after studying the sentence and apply for bail. [...] We are confident that he’ll get bail. We’re not going to be cowed down.

In a written plea yesterday, Yadav sought leniency from the CBI court on the grounds of illness and old age, adding that he hadn’t been “directly involved in the scam” according to his counsel Chittaranjan Prasad, reports PTI.

The court had earlier convicted Prasad for offences relating to cheating along with criminal conspiracy under sections of the Indian Penal Code (IPC) and the Prevention of Corruption Act.

On 30 September, it had sentenced him to five years of prison after convicting him in the first Fodder Scam case. A little over two-and-a-half months later, in December, he was granted bail by the Supreme Court.

(With inputs from PTI)

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Topics:  BJP   Supreme Court   Lalu Prasad Yadav 

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