A bench of Justices MM Sundaresh and PB Varale said on Tuesday that it has been almost seven years since the High Court order. In such a situation, there is no need to interfere in it at this stage. The court also said that the appeal pending since 2018 should be heard soon. CBI had challenged the order of July 12, 2019 of the High Court.
The agency said that Lalu Prasad was given the benefit of suspension of sentence on the basis that he had completed half the sentence, whereas this calculation was not correct. Additional Solicitor General S.V. Raju argued that the sentences awarded in different fodder scam cases should run one after the other, unless the court passes a separate order.
Senior advocate Kapil Sibal, appearing for Lalu Prasad, opposed this and said that the decision on whether the sentences will run concurrently or separately should be taken during the final hearing of the appeal. He said that the High Court, using its discretion, had given the same relief to Lalu Prasad, which was given to other convicts who had completed half their sentence. After hearing the arguments of both the parties, the Supreme Court refused to cancel the order of suspension of sentence.
However, the court asked the Jharkhand High Court to dispose of the pending criminal appeal within six months. In the Deoghar treasury fodder scam case, the CBI special court had convicted Lalu Prasad Yadav and sentenced him to three and a half years of imprisonment. After this, in the year 2019, Jharkhand High Court granted him bail considering that he has served more than half the sentence and on this basis, other co-convicts have also got relief.
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