Lalu Prasad @ Lalu Prasad Yadav V/s State of Jharkhand

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2013-08-13
Case No: 1166 OF 2013 (Arising out of S.L.P. (Crl.) No. 5513 of 2013)
Case Type: Appeal (Criminal)
Judge Name: P. Sathasivam Ranjana Prakash Desai & Ranjan Gogoi
Subject: Criminal Law-Corruption
Statutes / Acts: Indian Penal Code, 1860 & Prevention of Corruption Act, 1988
Section: 13(2) of Indian Penal Code, 1860
Bench Strength: Bench with Chief Justice
State of Appellant(s): Bihar
History of Case No: fodder scam, final judgment and order dated 01.07.2013 passed by the High Court of Jharkhand at Ranchi in Criminal Misc. Petition No. 1619 of 2013 whereby the High Court dismissed the petition filed by the appellant herein for transferring the case be
Case Note / Description :

In the light of the entire factual scenario, particularly, the objection relating to bias which came to be raised at the fag end of the trial that is on the eve of passing orders, as observed earlier, we are not inclined to entertain such objection. The Presiding Judge, in our view, will take note of the grievance expressed and eliminate the apprehension of the appellant. It goes without saying that every litigant is entitled to fair justice.13) Independence of judiciary is the basic feature of the Constitution. It demands that a Judge who presides over the trial, the Public Prosecutor who presents the case on behalf of the State and the lawyer vis-a-vis amicus curiae who represents the accused must work together in harmony in the public interest of justice uninfluenced by the personality of the accused or those managing the affairs of the State. They must ensure that their working does not lead to creation of conflict between justice and jurisprudence.

Prevention of Corruption Act, 1988

 
 
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