The apex court bench of Justice Altamas Kabir and Justice S.S. Nijjar issued notice to the Central Bureau of Investigation (CBI) after senior counsel R.S. Sodhi, appearing for Pappu Yadav, told the court that his client was still in jail while other convicts who had actually pulled the trigger had been granted bail.

The court gave the CBI two weeks to respond to the notice.

Pappu Yadav was punished for conspiracy and murder of Communist Party of India-Marxist legislator in Bihar assembly and trade union leader Ajit Sarkar.

Two co-accused granted bail earlier were Anil Kumar Yadav and Ranjan Tiwari.

The court was told that Pappu Yadav had already undergone 10 years' imprisonment and was very sick, necessitating treatment in New Delhi.

Sodhi told the court that a medical board that examined him said that he was suffering from an ailment for which there was no treatment in Patna and he needed to be treated in Delhi.

Assailing the Patna High Court verdict of Oct 21, 2011 which rejected Pappu Yadav's bail plea, Sodhi said that while rejecting the bail plea the court said that he would have to bear the cost of his treatment.

Referring to an earlier judgment of the apex court, the bail petition said: "If an accused is not granted bail and serves out the sentence then the appeal is rendered academic for all practical purposes, and the right to establish innocence fades away in lack of interest. If he is granted bail then a long delay may give rise to humane consideration."

Sarkar was gunned down by motorcycle-born assailants in Purnea town June 14, 1998.

The investigation was taken over by the CBI Oct 12, 1998. On Feb 11, 1999, Ranjan Tiwari was arrested. In his confession, Tiwari named Pappu Yadav and others for the killing of Sarkar. Pappu Yadav was arrested May 23, 1999.

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