Higher Court Seeks Complaint Report From Kaski District Court On Rabi's Appeal

Jan 28, Kathmandu- The Pokhara High Court has ordered the withdrawal of the fact-finding report of the order issued by the Kaski District Court against the Chairman of the Rastriya Swatantra Party, Rabi Lamichhane, in the Suryadarshan Cooperative fraud case in Pokhara.

On Tuesday, a bench of Justice Milan Kumar Rai ordered the withdrawal of the complaint report after former Gorkha Media Managing Director Lamichhane filed a petition in the High Court on Monday seeking a review of the district court's order demanding a bail of Rs 6.5 million.

On Paush 25, the bench of Kaski District Court Judge Nitij Rai had ordered his release on a bail of Rs 6.5 million. Rabi had approached the higher court with a petition demanding that the case be tried on the usual date.

The district will have to submit the complaint report to the higher court, mentioning the details of the case filed against Rabi, the procedure adopted in making the order, the facts, evidence and documents considered as the basis for making the order.

Although the order of the higher court did not specify the time within which the report should be submitted, sources in the high court said that it is generally customary to submit the report within 15 days.

The office of the high government prosecutor had filed a petition in the Pokhara High Court against the district court's order to release him on bail, demanding that Rabi be kept in custody and an investigation be conducted. The bench of Justice Raju Kumar Khatiwada had ordered the reason for the release on bail to be presented on Magh 9.

After the higher court ordered a show cause order on the application of the government attorney's office, Rabi, dissatisfied with the district's order, approached the higher court under Section 73 of the Criminal Procedure Code.

Rabi had filed a 7-page petition to quash the district's order seeking a bail of Rs 6.5 million, saying that the order was erroneous and to give him the opportunity to have the case tried on a regular date.

Rabi, who was arrested from Kathmandu on Kartik 2 and brought to Pokhara, was charged with cooperative fraud, organized crime and money laundering in the Suryadarshan Cooperative fraud case.

A demand for a fine of around Rs 280 million was claimed against Lamichhane, who is also a former Home Minister. Along with the demand for bail from Pokhara, bail has also been demanded from Rabi from Kathmandu and Butwal. With bail demands being made in one place after another, he filed an application in the Pokhara High Court.

After Rabi was released on a bail of Rs 6.5 million, the Suryadarshan Cooperative victim had also requested the Government Attorney's Office to appeal to a higher court, saying that the bail demanded was much less than the fine.

On Paush 25, Rai's bench had ordered the release of Rabi and former Gorkha Media vice-chairman and former DIG Chhabilal Joshi on bail of Rs 8.8 million, GB's associate Leela Pachhai on bail of Rs 3.7 million, Nature Hubs operator Ram Bahadur Khanal on bail of Rs 1.5 million, founding treasurer Aarti Gurung and founding vice-chairman Meena Gurung on bail of Rs 5.5 million each, and founding member Krishna Bahadur Gurung on bail of Rs 1 million.