A vacation bench of justices A K Sikri and U U Lalit sought response from the CBI and fixed the plea of Kushwaha for hearing on June 8.
Senior advocate Nidesh Gupta, appearing for the politician, said that the accused has been in prison for quite a long time and charges have also been framed in the case.
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The bench, however, had allowed Kushwaha to move lower court for bail if the trial does not commence within six months.
In July last year, the former minister had approached the apex court challenging the Allahabad High Court order rejecting his bail plea in the scam which had taken place during the previous Bahujan Samaj Party government headed by Mayawati.
The case is being investigated by the CBI which has submitted charge sheet against the accused persons. The trial is going on in a CBI court at Ghaziabad.
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