CBI uses new section to oppose Lalu Prasad’s bail
The agency said Prasad’s conviction falls under Section 427(1), which refers to a case when a person’s sentence runs after one ends. This would effectively lengthen the period of sentence.Updated: Sep 20, 2020, 03:40 IST
The Central Bureau of Investigation has said that Rashtriya Janata Dal (RJD) chief Lalu Prasad’s sentences in fodder scam cases are not meant to run concurrently as it cited a new section of the law to oppose the Bihar politician’s plea for bail.
The agency said Prasad’s conviction falls under Section 427(1), which refers to a case when a person’s sentence runs after one ends. This would effectively lengthen the period of sentence.
Prasad, while currently out on bail, has been convicted in six cases related to misappropriation of public funds, each of which have varying sentences.
The former Union minister recently sought bail in one of these cases, in which he has been sentenced to five years in prison, saying that he is eligible since he has completed half of the sentence duration. In one of the other cases, with a 3.5 year sentence, he has been given bail on this ground.
Citing Section 427(1) would mean that Prasad’s cumulative sentence stretches to 27.5 years, instead of the maximum that has been awarded in one of these cases: 14 years. Prasad’s advocate Prabhat Kumar said, “The court, in last hearing on September 11, had not appreciated CBI’s argument saying that it was a premature stage to raise such contention. The court said the issue would be decided in final hearing of pending appeal petitions.” He added that Prasad’s bail application would next be heard on October 9.
Kumar said that fodder scam involves nearly 200 convicts, most whom are involved in many cases. “Some of the accused suppliers were convicted in more than 25 cases and got different terms of imprisonment. If an individual’s total sentence is taken into account, it may be over 100 years,” he said.