Lalu moves HC for bail, says already served half the jail term

Source:- hindustantimes.com

Incarcerated RJD chief Lalu Prasad on Thursday moved to the Jharkhand high court seeking bail in one of the fodder scam cases on the ground that he had served half of the 3.5 years of sentence awarded to him in December 2017.

On December 23, 2017, a special CBI court had convicted Prasad and 15 others in the case pertaining to fraudulent withdrawal of Rs 90 lakh from Deoghar treasury during 1991-1994 and sentenced him to three-and-a-half years of imprisonment. It had also slapped a fine of Rs 10 lakh on Prasad.

Since then, the former Bihar chief minister has been lodged here at the Birsa Munda Central Jail. He is currently undergoing treatment in custody at the Rajendra Institute of Medical Sciences (RIMS), Ranchi.

Prasad, in his bail application, pleaded that he had already served a jail term of 25 months out 42 months (3.5 years) awarded to him. Citing provisions of Section 436 A of the code of criminal procedure, Prasad argued that the said provision of law entitled him to get bail on completion of half of the sentence.

Prasad also highlighted his poor health condition and advancing age as other grounds to secure bail.

Confirming the development, assistant solicitor general-cum-CBI’s counsel Rajiv Sinha said, “A copy of Prasad’s bail application has been received by my office.”

Earlier, the CBI had filed a petition in the high court for enhancing the punishment of 3.5 years awarded to Prasad and five others in the case.

The agency also challenged the acquittal of former Bihar chief minister Jagannath Mishra and three others in the same case.

The high court is yet to hear the CBI’s case.