Supreme Court notes advanced age of accused while hearing CBI plea against Lalu’s bail in Deoghar fodder scam

The Supreme Court of India on Tuesday took note of the advanced age of the accused in the Deoghar fodder scam case while hearing the Central Bureau of Investigation’s plea challenging the grant of bail to former Bihar Chief Minister Lalu Prasad Yadav.

A Bench comprising Justice M.M. Sundresh and Justice N Kotiswar Singh made the observation during the hearing of the CBI’s appeal against a Jharkhand High Court order that had suspended Yadav’s sentence and granted him bail in connection with fraudulent withdrawals from the Deoghar treasury.

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Appearing for the CBI, Additional Solicitor General SV Raju argued that the High Court had erred in law while suspending the sentence. He submitted that the order was passed in violation of legal principles governing post-conviction bail and termed it “an illegal order.”

Senior advocate Kapil Sibal, representing Yadav, pointed out that several co-accused had not yet been served notices or filed their replies. He said there was no urgency in proceeding with the matter until all parties were properly heard.

Responding to the submissions, the Bench remarked that the legal issue involved was well understood by all sides and indicated its intention to fix a date for final disposal of the appeal. The judges also noted that many of the accused were now in their 60s, 70s and even 80s.

“The files are just languishing. We will give a date in April. Those cases in which the respondent has died, we will close them,” the Court said while adjourning the matter.

Yadav was convicted in December 2017 for offences including criminal conspiracy and corruption in connection with the illegal withdrawal of ₹89 lakh from the Deoghar treasury between 1991 and 1994, during his tenure as Chief Minister of undivided Bihar. The High Court later suspended his sentence and granted him bail, which is now under challenge before the apex court.