KATHMANDU, Jan 16: The Kathmandu District Court on Wednesday ordered the release of Rastriya Swatantra Party (RSP) Chairman Rabi Lamichhane on a bail of Rs 6 million in connection with the Kalimati-based Swarnalaxmi Cooperative fraud case.
A single bench of Judge Madhav Prasad Adhikari at the Kathmandu District Court issued the order after the pre-trial detention hearing. With this, Lamichhane can now defend the case while staying outside custody.
Former home minister Lamichhane, who was released by the Kaski District Court on January 9 on a Rs 6.5 million bail following 84 days in judicial custody for investigation into his alleged involvement in misappropriation of depositors’ savings from five cooperatives across the country, was supposed to present himself at the Kathmandu District Court on the following day for the opening arguments of Swarnalaxmi Cooperative fraud case.
However, he presented himself at the Kathmandu District Court on Sunday, three days after being released by Kaski District Court, after the Kathmandu court ordered the police to detain him again.
Court releases Rabi Lamichhane on Rs 6 million bail in Swarnala...
Wednesday’s session of the court started at 11 am with Senior Advocates Sushil Panta and Raman Shrestha presenting arguments on Lamichhane's behalf as the plaintiffs from the District Government Attorney’s Office (DGAO) had concluded their arguments on Tuesday. Advocates Suraj Basnet and Rajendra Prasad Sedhai also supported him with their arguments. After their arguments, Ramhari Sharma Kafle, Chief of the District Government Attorney's Office (DGAO), Khadindra Raj Katwal, District Attorney, and Ganesh Kumar Sharma, Assistant Attorney, argued on behalf of the plaintiffs. Senior Advocates Surendra Bhandari and Dinesh Tripathi argued on behalf of the victims. Similarly, Lamichhane expressed his views for about a minute.
Following the end of arguments, on Wednesday evening, the single bench ordered the release-on-bail citing clauses 68 and 72 of the National Criminal Procedure (Code) Act, 2017. Clause 68 of the act provides the court power to ask for a bail/bond, guarantee or bank guarantee from the accused if there exists a reasonable ground for proving the charge against the accused while clause 72 determines the grounds for fixation of amount of bail/bond, guarantee or bank guarantee. The use of clause 68, therefore, suggests that Lamichhane has not been acquitted by the court in the cooperative scam.
However, Clause 72 (2) of the act also gives any party to a case the opportunity to appeal, showing the reason that the amount of a bail/bond, guarantee or bank guarantee demanded from any person under the act is lesser or excessive and is not thus reasonable, vesting the right in the appeal court to alter or modify the amount of such bail/bond, guarantee or bank guarantee. The sub-clause has thus provided grounds for a change in the bail amount if the plaintiffs have reasonable ground for an appeal.
Senior Advocate Tripathi manhandled by RSP cadres, one detained
Following the conclusion of arguments from the advocates at the pre-trial detention hearing on Wednesday some cadres of RSP manhandled Senior Advocate Dinesh Tripathi who had represented the cooperative fraud victims of Swarnalaxmi Cooperative.
Police detained an individual in connection with the attack on Tripathi on the Kathmandu District Court premises. Tripathi had argued that releasing RSP chair Lamichhane on bail would create fear in society and most of the victims would be frustrated.
RSP and Lamichhane supporters had gathered in large numbers outside the court, with some mobbing the senior lawyer.
