KATHMANDU, Dec 14: The Patan High Court has ordered the release of former Home Minister Bal Krishna Khand, who was in prison in connection with the fake Bhutanese refugee scam, on bail.

The High Court overruled the order given by the Kathmandu District Court that Khand should be sent to prison and ordered his release on bail.

A bench of Judge Krishnaram Koirala supported the opinion expressed by Judge Janak Pandey earlier that Khand should be released on bail of Rs 3 million. With his opinion, the district court's order was annulled.

A Nepali Congress (NC) leader, Khand faces a charge of receiving money from a number of individuals in the name of sending them to the US under the guise of fake Bhutanese refugees. Victims had alleged that Khand, who was then serving as Home Minister, was directly involved in the deal amounting several millions of rupees.

Earlier, there was a difference of opinion between two judges in the High Court. Judge Pandey gave the opinion that Khand should be released on bail, while another Judge Prakash Kharel expressed the opinion that he should be sent to prison.

After the opinions of the two judges differed, the petition given by Khand for the opinion of the third judge was submitted to the bench of the third judge, Koirala, on Thursday. 

On December 15, the Patan High Court ordered that half of the 20 accused who appeared in court should be released on bail or released from prison. Out of the 20, only in the case of Bal Krishna Khand, the two judges had a difference of opinion.

Ten of the 30 accused in the fake refugee case have not appeared in court and are still on the run. Former Home Minister Khand has been in prison since his arrest last May.

Despite the High Court’s order, Khand was not released on Thursday due to technical reasons. Sources said he is likely to be released from jail on Friday after he posts a bail of Rs 3 million.

 
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