The CBI has filed an affidavit in the court seeking closure of Lalu’s bail in the Chad scandal case. The CBI has opposed Lalu’s bail in court, arguing that his sentence should not expire in any case. 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 against Lalu’s bail application in a case of illegal withdrawal from the Chaibas treasury. According to the CBI, Lalu Prasad has faced various punishments 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 been made by the court for Lalu Prasad to carry out all the sentences together. 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.
Five cases against Lalu
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. He has been granted bail in a case of illegal withdrawal from the treasury of Deoghar and Chaibas.
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
Punishment – in 2 different sections – 7 years imprisonment, fine of Rs.