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The Supreme Court dismissed the petition filed seeking an order to release Chhabilal Joshi, who was arrested in the co-operative fraud. The joint bench of Supreme Court Justices Til Prasad Shrestha and Abdul Aziz Muslim dismissed the writ of habeas corpus filed demanding the release of Joshi from prison on Wednesday.
Joshi, who was arrested from Kathmandu, is currently in the custody of Kaski Police. On his behalf, Rochak Joshi, his son, filed a writ of imprisonment demanding his release from prison.
The government side said that according to the necessary arrest warrant, he was arrested in connection with the investigation of the fraud case under the Cooperative Act, accordingly, the necessary arrest warrant was approved by the Kaski District Court on October 7, and the court dismissed the writ of arrest .
Joshi, the then owner of Gorkha Media, was arrested by the police from Kathmandu on October 6. The Kaski District Court has allowed the police to detain him initially for 5 days and for the second time for 7 days. "As per the permission obtained from the Kaski District Court, the petitioner cannot be said to have been illegally detained in the context of the detention situation, so it was not possible to issue the arrest witness order as requested. It is considered that the present writ petition will be dismissed,' the Supreme Court mentioned in the order .
The Supreme Court has also asked the Kaski police to pay attention to the legal provisions that can take bail or bail from Joshi who is in custody as the vacation starts for Dasain .
'The petitioner has been detained in connection with the investigation of the June offense of defrauding and misappropriating funds including deposits in the Suryadarshan Savings and Loan Cooperative. Therefore, looking at the documents received so far, it is said that the petitioner received payment of 10 lakhs from the check in Gorkha Finance of the cooperative dated 2nd June 2077. It is seen that on the same day, the petitioner returned the said 10 lakh through a bank check in the name of Geetendrababu Rai. It seems that this petitioner has been separated from Gorkha Media Network Pvt Ltd since 23 October 2078, it is written in the order of the Supreme Court, 'Looking at the permission obtained to keep him in custody, it has been seen that he was detained only for 7 days from 11 October 2081 by Kaski District Court . There is also a situation where the long holiday period of Bada Dashain will start from 17 October 2081. Considering the state of the investigation so far in the mentioned offense and also the upcoming Dasain holiday period, there is a provision in Section 15 (1) of the Civil Code of Criminal Procedure, 2074 that the investigating officer can take a bond or bail from a person in custody and keep it in a date. I will send it in writing to the name as per the rules.'
