Former Bihar Chief Minister Lalu Prasad has opposed before the Supreme Court a plea by the CBI to cancel his bail in a fodder scam case, saying the agency's position was "erroneous, misconceived, meritless" and "untenable" to the settled position of law.
In an affidavit, the RJD chief said the CBI's plea against the Jharkhand High Court's order ignored the settled position of law, which required "overwhelming circumstances necessary to reverse an order granting bail".
He also stated he had been in custody for a period of 30 months.
Prasad also said he is a senior citizen, over 75 years of age, and has suffered various age-related ailments, along with co-morbidities, and has also undergone serious surgical/medical interventions since his release.
"As such, no useful purpose would be served by setting aside the order and directing the respondent, who is in such a frail state of affairs, to be remanded to custody," Prasad said in his detailed written response.
He also pointed out that the HC, as a uniform rule which has particularly been followed in cases arising out of the fodder scam, has been suspending a sentence of conviction if an accused has spent half the period of the sentence in custody without the appeal against the order of conviction being finally heard.
"In any event, it is settled law that consideration for suspending a sentence of conviction should be that if it is unlikely that the appeal would be heard expeditiously, then the sentence ought to be suspended," he said.
He also termed the CBI's plea placing reliance on a chart to indicate "period spent in hospital after conviction" as "wholly mischievous" since he has had to undergo a very serious surgery, namely a kidney transplant on December 5, 2022.
The top court had earlier agreed to list the CBI's plea for hearing on August 25.
Published 21 August 2023, 18:48 IST
