A Patna court yesterday extended the judicial remand of former Bihar Chief Minister Laloo Prasad Yadav till August 27 in connection with three conspiracy angle cases of the multi-crore fodder scam.
The Patna branch of CBI lost the first battle against former Bihar Chief Minister Laloo Prasad Yadav as it could not take Yadav on remand for custodial interrogation in accordance with the provisions of the Criminal Procedure Code (CrPC).
Yadavs counsel maintained that the investigating agency could not take the former chief minister on remand as his client had already spent more than 15 days in judicial remand on Wednesday. As per the provisions of the CRPC, the CBI is not entitled for requesting the court to take an accused on remand after the expiry stipulated time frame.
The CBI special judge, S K Lal also made certain observations on this line, that the stipulated time for taking the accused on remand was over. He, however, did not pass any order in this direction.
Yadav, has thus succeeded in whoodwinking the investigating agency on the grounds of his illness.
Yadav after denial of his regular bail and remanded to judicial custody was to appear before the designated court on August six.
Incidentally he fell sick on August 5 and was admitted to the intensive care unit of IGIMS at Patna.
Even today, Yadav did not appear in person before the court as he had been advised complete bed rest for three weeks by the doctors of the famous Escort Heart Hospital.
Meanwhile, the director, IGIMS, submitted the medical report of Yadav as directed by the CBI special judge on August 7: However, the director IGIMS, directed the report to the Beur Jail superintendent without any comment saying, I am offering no comment on the advice of the convenor, expert medical team constituted for the treatment of Yadav.
Thereafter, the superintendent of special jail (BMP 5) at ....(Phulwarishari) sent the report to the special CBI judge enclosing the report of the convenor of the expert medical team, A.R.C Sinha, deputy director (Admn) cum civil surgeon cum chief medical officer, that the former chief minister was sick and had been advised rest. The report says: The patient under treatment was has been recommended three weeks complete bed rest with movement in the room corridor for daily normal pursuit The report further mentioned that three doctors of the Escort hospital had examined Yadav and on their advice he was under rest. During the period from July 31 and August 5, Yadav had complained of cough, fever, loose motion, chest pain and insomnia. While he has recovered from other ailments, the chest pain and uneasiness still persists.
CBI counsel, L R Ansari, too admitted that an accused could not be taken on remand after the lapse of fifteen days time. He said that CBI did not pray for ...... the accused on remand for ...(custodial) interrogation since it did feel the urgency.
