The CBI’s affidavit seeking bail in the Charan scandal case has added to Lalu Prasad’s woes. In the affidavit, the CBI had opposed Lalu’s bail in the court, arguing that the sentence had not expired in any of the cases. The CBPC has made Section 427 of the CRPC its basis.
The CBI has filed a case in the Jharkhand High Court on October 9 for hearing Lalu’s bail application in a case of illegal withdrawal from the Chaibas treasury. According to the CBI, Lalu Prasad has been given different sentences in four cases. However, the court did not order all the sentences to be carried out at the same time. That is why not all punishments can go together. According to the provisions of Section 427 of the CRPC, a person has been convicted in multiple cases and if the court does not order the execution of all the sentences at once, the person will be punished immediately after the completion of his sentence. The second sentence will begin. Lalu Prasad has been convicted in four charan scams. No order is supposed to carry out all the punishments at once. For this reason, this clause applies to Lalu Prasad and if he does not spend the entire period of one sentence in custody, the second sentence cannot be applied. On this basis, Lalu Prasad’s plea that he has given half sentence is not correct and he cannot be granted bail. According to the CBI, no application has yet been made by Lalu Prasad to run all the sentences together from the court. In this case, under section 427 of the CRPC, he cannot be granted bail on the basis of half-sentence.
However, Lalu Prasad is also opposed to it. It said the CBI had not raised the issue in any Charan scam case. The High Court had earlier granted bail to Lalu Prasad in two cases. For this reason the argument given by the CBI is not correct. Lalu Prasad is accused in five charan scams in Jharkhand. He has been convicted in four cases, while a trial is underway for illegal withdrawals from the Doranda treasury.
How much punishment in any case
First case: Allegation of illegal withdrawal of Tk 3.7..7 crore from Chaibasar treasury. 44 accused including Lalu.
Punishment – Five years imprisonment in the case.
Second case – Allegation of illegal withdrawal of Rs 84.53 lakh from Deoghar government treasury. Case of 36 people including Lalu
Punishment: Lalu was sentenced to three and a half years imprisonment and fined five lakh rupees.
Third case – Allegation of illegal withdrawal of Rs 33.67 crore from the treasury of Chaibas. 5 accused including Lalu.
Punishment – Lalu convicted, sentenced to 5 years imprisonment.
Fourth case – Case of illegal withdrawal of Tk 3.13 crore from Dumka treasury. Lalu Prasad Yadav has been convicted