STATE OF BIHAR Vs. LALU PRASAD

JUDGEMENT

(1.) The present Government appeal has been filed under Section 378 of the Code of Criminal Procedure by the State of Bihar against the Judgment and order of acquittal dated 18.12.2006 passed by Shri Munni Lal Paswan. Special Judge, CBI (AHD). Patna in Special Case No. 5 of 1998 by which the learned Special Judge has acquitted both the accused Dersons on the charge of possessing assets disproportionate to the known sources Of ihcoma so far as the respondent No. 1 is concerned and on the charge of abetting the same with resosct to respondent No. 2. The charges had been framed under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 against the respondent No. 1. Lalu Prasad Yadav and under Section 109 of the Indian Penal Code read with Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 against respondent No. 2. Smt. Rabri Devi.

(2.) After hearing learned Counsel for the appellant and learned Counsel for the Central Bureau of Investigation (CBI) which has been arrayed as respondent No. 3 notices had been issued earlier to respondent Nos. 1 and 2 to show cause as to why the leave to appeal be not granted.

(3.) Mr. Ram Jethmalani, learned Senior Counsel appearing for the respondent Nos. 1 and 2 has at the outset raised a preliminary objection as to the maintainability of the appeal on behalf of the State of Bihar. Mr. Goolam E. Vahanvati, learned Solicitor General of India appearing for respondent No. 3. the CBI. supports the said contention. Mr. Surendra Singh, learned Senior Counsel appearing on behalf of the appellant, on the other hand, contends to the contrary submitting that the appeal is maintainable in view of the express language of Section 378 Cr.P.C. as interpreted by the Supreme Court in the case of Khemrai v. State of Madhya Pradesh, 1976 CrLJ 192 and Eknath Shankarrao Mukkawar v. State of Maharashtra, 1977 CrLJ 964 .