The court said - 'There is no reason to believe that they are not guilty'.
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Suryadarshan Savings and Loan Cooperative of Pokhara, who was arrested for fraud, money laundering and organized crime, then Managing Director of Gorkha Media, former Home Minister and RSVP Chairman Ravi Lamichhane has been released on bail. According to the order of the bench of District Court Kaski Judge Nitij Rai, he was released from custody after 84 days after paying a bond of 6.5 lakh on Thursday.
As a case has been filed in the Kathmandu District Court, he has been handed over to his family in the evening with a document to appear himself on Friday. He was arrested on November 2 for crimes including cooperative fraud.
The court has also released the former DIG and the then owner of Gorkha Media Chabilal Joshi on a bond of 88 lakhs . The court has also ordered the bail of Meena Gurung, Leela Pachai, Ram Bahadur Khanal, Krishna Bahadur Gurung and Aarti Gurung from UML.
A bail of 88 lakhs was demanded from Joshi, 37 lakhs from Pachai, 15 lakhs from Khanal, 1 lakhs from Krishna Bahadur Gurung, 5 lakhs from Meena Gurung and 5 lakhs from Aarti Gurung. Apart from Pachai, 6 people were released from custody on Thursday.
Leela Pachai was booked and sent to Kaski jail after she did not go through the bail process, said Rajan Khanal, chief justice of Kaski district court. Khanal informed that the family of Pachai will be released after paying the bail set by the court.
Ravi Lamichhane, then managing director of Gorkha Media and RSVP chairman, has been handed over to his family to appear at the Kathmandu police complex on Friday. On behalf of the family, the Kaski police have handed over the documents to the Acting Chairman of RSVP, Dolprasad Aryal, on behalf of the family. An arrest warrant has been issued and a case has been filed in the court in the Swarnalakshmi cooperative fraud case of Kathmandu.
Kaski Police Spokesperson DSP Vasant Kumar Sharma said that they have received a letter from the Kathmandu Police Complex to present Lamichhane and Chabilal Joshi and have assigned them to Aryal to appear by Friday. Lamichhane and Joshi will be produced by the police before the Kathmandu District Court after reaching the Kathmandu police complex on Friday.
Joshi and Lamichhane have given bank guarantees for the bail amount. Srestedar Khanal said that they were released after Prabhu Bank employees came and took charge. The remaining 4 people were released after paying cash.
Lamichhane and Joshi were released from prison after a health check on Thursday. After being released from prison, Lamichhane responded that he was very grateful to the court, saying that he still had many battles to fight. After Lamichhane was released from prison, Yadunath Adhikari, chairman of Raswapa Kaski, said that he spent the night in Pokhara on Thursday. "He will go to Kathmandu on Friday in a vehicle arranged by the party," he said.
A charge sheet was filed in the District Court on 7th December 2081 based on the investigation conducted by the Kaski Police on the basis of a complaint that a supplementary investigation should be conducted into the misappropriation of Suryadarshan Cooperative's savings. After two weeks of testimony and detention hearings, Judge Rai ordered the seven people to be released from custody on bail.
Although the court ordered Lamichhane to be released on bail, it has been mentioned that there is "no reasonable basis that he is not guilty" in the case of cooperative fraud, organized crime and money laundering. The court order also mentioned that when Lamichhane gave a statement in the court, 'GB Rai knew where the money came from, even though he was the managing director of Gorkha Media, he had no responsibility to get information about the financial transactions according to the agreement with the company, he only signed the cheque, and did not take any loan from Suryadarshan Cooperative'. is.
But the court has rejected Lamichhane's claim presenting various grounds. It is said in the order, 'It is seen that 814 checks of Gorkha Media Company were transacted by the single signature of the defendant (Ravi Lamichhane), before the defendant was an official person of Gorkha Media Company and even after he separated from the company, it was seen that he signed some checks and held a responsible position like the managing director. It was seen that there is a person who has the authority to sign the check.'
Similarly, the order also mentions the fact that the funds of the cooperative are coming to Lamichhane's account and going from there to other places. 2024895317 to Gitendrababu Rai's Standard Chartered Bank (Account No. In 18290317201, two crores were deposited, out of the same amount on 2021-01-21 from check no. 0011928168 in the name of Ravi Lamichhane to the account no. Global IME Bank Account No. 00401010000577 When it was seen that it was deposited in the year 2021-01-22, it was seen that the funds of the cooperative were coming to the defendant's account and going elsewhere.'
Even though there are sufficient grounds to show Lamichhane's involvement in crimes including co-operative fraud, the bench did not mention the grounds and reasons for releasing him on bail. In the
order, it is further stated, "Though there is no reasonable basis to say that the defendant is not guilty now, from the immediate evidences involved in the missile including the relationship with the other defendants and the bank account transactions, the defendant will be given additional evidence later on from the above-mentioned evidences obtained immediately. Since it will be as determined, from the defendant Ravi Lamichhane, Section 68 of the Civil Criminal Procedure Code, 2074 and On the basis of 72, the bond will be 65 lakhs in cash or the equivalent of a bank guarantee. The court has considered the statement as the basis. It has been mentioned in reference to Joshi that money was transferred to the accounts of GB Rai, Ram Bahadur Khanal and Chabilal Joshi in different banks, and that it came from Suryadarshan Cooperative.
It is mentioned in the order that based on Leela Pachai's statement that she transferred the amount from one account to another account so that her account would be used as Gitendrababu Rai said, the basis for bailing has been prepared. She stated that she did not do banking after she found out that cryptocurrency was being traded, and that GB bought her real estate as remuneration. It is also mentioned that he is not an account member in Nepal Bank, 14 million rai from Suryadarshan Cooperative was spent on personal work.
'From his mobile test, he logged into the Binance app for transactions related to immaterial currency from his own mobile and invested immaterial currency (cryptocurrency) from the same account, and from the immediately obtained Aadhaar evidence including the 'transaction' of the other defendants and the bank account, the defendant is not guilty now. There is no reasonable basis to be said and from the above-mentioned evidence obtained immediately, the defendant will be given additional evidence as determined later. When it happens, he will take 37 lakh rupees from the defendant Leela Pachhai in cash or its equivalent or give a bank guarantee,'' the order said.
Meena Gurung said that she was the chairman of the ad-hoc committee and was later appointed as the vice-chairman after the formation of the cooperative. She said that when she left the cooperative, she returned 1 lakh shares to Rai. It is mentioned in the order that since he has given a denial statement that he did not print any 'minute' of financial transactions of the organization and that he did not embezzle any amount of the savers of the cooperative organization, he can be tried without custody.
The district attorney's office, Kaski, demanded that four people should be fined, fined and imprisoned, and the rest should be fined. The most was demanded of Bigo Lamichhane.
Lamichhane claimed Rs 27,89,44,705 as bigo while Joshi claimed Rs 24,670,734 as bigo. 24 crore 67 lakh 7 thousand 34 from Pachhai, 14 crore 3 lakh 91 thousand 999 rupees were claimed from Khanal. They were also charged with an offense requiring additional fines.
A charge sheet has been filed against Lamichhane and Joshi in the Kathmandu District Court in the case of co-operative fraud. Ruppandehi police has sent the charge sheet to the district attorney after investigating the co-operative fraud. Preparations are being made to register the charge sheet in the District Court Rupandehi in a few days. Similarly, in Chitwan and Parsa, an investigation is being conducted against Lamichhane and others in cooperative fraud.
This is the order of Kaski district court
