Argument of the government lawyer, since all those who were arrested earlier in the fraud of Suryadarshan Cooperative have been sent to jail for remand, those who are currently in custody should also be kept in remand.
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On Wednesday, the public prosecutor argued behind closed doors in the case against 7 people, including Ravi Lamichhane, who was arrested in the Suryadarshan Cooperative fraud case and former managing director of Gorkha Media Network Pvt.
Lawyers for the plaintiff and the defendant will argue from Thursday. In Kaski district court, the debate started on Tuesday in the bench of Judge Nitij Rai.
On Wednesday, Deputy Attorney General Sanjeevraj Regmi and Deputy Attorney General Prakash Gautam, District Attorney Kamala Kafle, Assistant District Attorney Shantidevi Sharma and Bipinraj Tiwari argued on behalf of the victims.
Lamichhane, Chabilal Joshi, Leela Pachai, Ram Bahadur Khanal, Krishna Bahadur Gurung, Meena Gurung and Aarti Gurung, who are in the custody of the Kaski police, were presented with various arguments that they should be jailed for the interim.
The public prosecutor focused on the issues mentioned in the indictment. District Attorney Kafle argued that based on the facts and evidence, the defendants including Lamichhane were found to be guilty and should be sent to trial. Stating that the complementary charges against organized crime and money laundering along with
cooperative fraud are legal, she said that they should be imprisoned after such crimes are added. According to him, since the evidence accepted by the public prosecutor under Section 10 and Section 18 (b) of the Evidence Act, 2031, there are sufficient grounds to convict the defendants, according to Section 41 of the Organized Crime Prevention Act, 2070 and Section 67 (1) of the Civil Criminal Procedure Code, 2074 He argued that it should be sent to the former.
Section 10 of the Evidence Act, 2031 explains that what the victim has expressed on the occasion or immediately before or after it can be taken as evidence. In section 18 (b), it is mentioned that the documents, writings, bond, tax evidence, test report of a subject, expert opinion or report, electronic evidence or statement etc. collected by the authorized officer according to the law for the purpose of arrest shall be taken as immediate evidence.
Section 41 of the Prevention of Organized Crime Act, 2070 states that if there is reasonable cause that the accused in the case of organized crime may disappear or destroy the evidence or that such accused may abscond, regardless of what is written in the prevailing law, the court may order such accused to be detained and rehearing the case. is mentioned.
According to sub-section (1) (b) of section 67 of the Civil Code of Criminal Procedure, 2074, if the accused is accused of an offense punishable by imprisonment for more than three years, if the evidence obtained immediately appears to be guilty or if there is any reason to believe that he is guilty, the court shall There is a provision to keep the accused in custody pending investigation.
4 people, including Lamichhane, who are in custody, have been demanded in the indictment for 15 years imprisonment for asset laundering. The remaining 3 people have been prosecuted for cooperative fraud.
The case against 19 people on October 18, 2080 in the fraud of Suryadarshan Cooperative is pending in the court. Additional charges were filed against those 19 on December 5. Among them, 6 arrested persons are detained in Kaski jail for preliminary investigation. Although they approached the Pokhara High Court and the Supreme Court demanding their release, the order of the Kaski Court was upheld.
Since they were sent for remand, the government lawyer argues that the 7 people who are currently in custody should also be kept on remand. "They have been tried by three levels of courts," District Attorney Kafle said. He informed that there will be a debate. Advocate Yuvraj Parajuli said that 5-6 lawyers will argue on behalf of Zaherwala.
15 on behalf of Lamichhane, 6 on behalf of Joshi, 1 on behalf of Pachai and 2 lawyers each on behalf of 4 others will argue.
