The statement that Lamichhane is not an employee of Gorkha Media, but a director, shareholder and managing director, and because he himself cut the checks and did the financial transactions of the company, he did not know that the money came from the cooperative did not seem credible at first sight: High Court
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Lamichhane was arrested on Friday after the Butwal Bench of Tulsipur High Court ordered to send Ravi Lamichhane, then Managing Director of Gorkha Media Network, to prison in a case related to co-operative fraud.
Police arrested Lamichhane from his residence in Kathmandu on Friday evening. He will be sent to Ruppandehi jail on Saturday for preliminary investigation, police said.
On January 13, the Rupandehi District Court ordered Lamichhane to be released on a bond of Rs 1 crore in the Supreme Cooperative fraud case. Based on the evidence immediately obtained in cooperative fraud, "there is no reason to believe that the defendant (Lamichhane) has not committed any crime", the order was given to release him on bail.
Judge Ramesh Dhakal of Butwal Bench of Tulsipur High Court and Sankura Parajuli have issued an order to keep them in custody, overruling the said order. The High Court sent the accused Lamichhane and Chavi Lal Joshi to prison for organized collusion with information, planning and activity to take money from the
cooperative to Gorkha media. In the court order, it is mentioned that the defendant is not an employee of Gorkha Media, but a director, shareholder and managing director, and it is found that he has cut checks and carried out financial transactions of the organization. It has also been stated in the order that the statement given by Lamichhane about how the money was received from the cooperative and the statement made by blaming other defendants in that regard are not credible at first glance.
It is mentioned in the order that the defendant should be kept in prison in the case of demanding additional punishment under clauses (b), (c), (d), (e), (f), (ch), (j), (j) and (t) of section 122 of the Cooperative Act, 2074 and under clauses (a) and (c) of section 9 of the Organized Crime Control Act, 2070. "The conclusion of this bench is that it is not appropriate to release the defendant on bail for the preliminary hearing of the case even in order to maintain public confidence in the justice system in a sensitive situation where thousands of common people who deposit money in cooperative organizations are suffering," the order said.
The court has mentioned in the order that the accountants, assistant accountants, and auditors who document the incident details are still in custody. The court ruled that the stage of understanding the evidence has not been completed, there is no dispute about the fact that funds were received from Gorkha Media from Supreme Cooperative when he was the owner and shareholder of Gorkha Media, the account was operated in the name of Lamichhane in the cooperative organization's 'GCS Banking Software System' and it was found that he should be kept in custody.
"Despite expressing that he had no knowledge about the receipt of funds from the cooperative organization, it appears that more than 100 million rupees was received from the cooperative organization directly to the media and also in the name of other persons," the order said, "The statement made by the defendant, who is legally responsible for the management, that he had no knowledge of the funds coming from the cooperative organization to the media was not credible from the preliminary evidence attached to Missile." On January 28, Joshi was ordered to be remanded in custody. The High Court upheld the said order and ruled that Lamichhane should be sent to prison as a defendant like Joshisar. "As it is seen that the defendant Chabilal Joshi and Ravi Lamichhane have the same nature and role, the defendant Ravi Lamichhane will be detained," the order said.
The High Court is of the opinion that the money went to Gorkha Media from Supreme Cooperative, Lamichhane himself cut the check from Global IME Bank and spent the money and deposited it on different dates. Harigopal Gyawali, Sub-Registrar of Butwal Bench of High Court Tulsipur, has ordered not to release him on bail, showing the reasons including the facts and statements.
The fact that money went from Supreme Cooperative to Gorkha Media, and that money was paid to Supreme Cooperative from Gorkha Media under Lamichhane's signature, are also mentioned in the order. "When the order dated 2081/10/13 to release the defendant on bail is not in accordance with Section 68 of the Code of Civil Criminal Procedure, 2074, this court declares that order null and void," it is said in the high court's order, "The order of the court demanding bail from the defendant is null and void, as mentioned above, during the trial and evaluation of the evidence obtained immediately and the evidence obtained later when the case is decided. In the case of these defendants, clause (b) of sub-section 1 of section 76 with that procedure seems to be attracted in the case of these defendants, so please keep these defendants in custody during the preliminary hearing of the case.' Lamichhane, Joshi and Rai were separately charged with embezzlement of 10 million 99 lakh 36 thousand in a case with a supplementary charge, the Ruppandehi district court released Lamichhane on a bond of 1 crore. In the same case, Joshi was sent to prison for preliminary investigation. In addition to upholding the district order to keep Joshi in custody, a petition was filed in the High Court to cancel the bail order with the claim that Lamichhane should also be kept in custody as it is a case of a similar nature. Similarly, Joshi also filed a petition in the higher court saying that he should be released on bail. Lamichhane also registered number 73 saying that if bail is taken in the same case, he should be allowed to fight the case on the same date.
After 73 cases of similar nature were registered separately, the Butwal High Court ordered to look them together. According to the order of the High Court, Joshi's demand to fight the case without being detained, Lamichhane's demand to be kept in prison without bail and Lamichhane's request to stay on ordinary dates without bail, all three cases were combined and placed in a single file on Thursday. Senior advocates Surendra Thapa, Narayan Kandel and Pashupati Bhandari from the Lamichhane side debated the case on Friday after the debate on Paci was over. Vijay Nepal, the coordinator of the struggle committee, demanded that they get justice on behalf of the Supreme Cooperative victims. On Thursday, Associate Advocate Somkant Bhandari, Deputy Advocate Prakash Marasini and Assistant Advocate Vasantraj Pokharel argued on behalf of the High Public Prosecutor's Office. Similarly, senior advocates Shambhu Thapa, Apurva Khatiwada, Manoj Chaudhary and others argued on behalf of Joshi.
In the High Court's order to keep Lamichhane in custody, the District Court has rejected the grounds given when he was released on bail. "Our code has placed imprisonment as an alternative to bail in some special cases and bail has been kept separately in other cases," the order said, "the court cannot use either of the options of imprisonment or bail at its discretion." In fact, imprisonment or bail are not absolute substitutes for each other. The court cannot and should not ask for bail for an accused or a defendant who should be kept in custody.
The choice of bail or imprisonment depends on the nature of the case and the alleged crime, the circumstances of the incident, the condition of the victim, and the relativity of various relevant parties. "The court determines based on the content of the alleged crime or the relationship of the gift, the crux of the dispute and the concept of bail or bail," the order said.
Rai and Lamichhane are the managing directors of Gorkha Media, which has embezzled at least Rs. It is mentioned in the report of the Parliamentary Inquiry Special Committee that most of the money was spent by Lamichhane himself by cutting checks.
The Parliamentary Inquiry Special Committee formed on May 15 under the coordination of MP Surya Bahadur Thapa directed the government to take action against Gorkha Media Chairman Rai, Former Managing Director Lamichhane, Director Joshi and Kumar Ramtel. The government arrested Lamichhane and filed a case on the basis of the instructions given by the committee to take action according to the existing law saying that organized crime, fraud, racketeering and money laundering offenses would be attracted against them.
First of all, as the case was filed in the Kaski District Court, the bench of Judge Nitij Rai ordered Lamichhane to be released on bail on December 25. It was mentioned in the court's order that 'the co-operative's money is coming into the defendant's account and going elsewhere, and from the immediately obtained Aadhaar evidence attached to the missile, including the interrelationships with other defendants and bank account transactions, there is no reasonable basis to say that the defendant is not guilty now'. On the same basis, the Kaski District Court demanded a bail of 65 lakhs from Lamichhane. The reason for not being detained was not revealed.
A similar order was made by the Kathmandu District Court. Kathmandu District Court Judge Madhav Prasad Adhikari had ordered Lamichhane to be released on a bond of 60 lakhs on January 2 in the case of Swarnalakshmi Cooperative fraud. The order stated that Lamichhane was not innocent. The Chitwan District Court had ordered that Nach be released on bail in the organized crime case. Judge Dayaram Dhakal's bench issued an order to release Lamichhane on a bail of 54 lakhs in the case of defrauding the savings of Sahara Chitwan Multi-Purpose Cooperative.
The court says about the reason why Lamichhane should be sent to prison -
With the information, planning, activation and organized collusion of the defendants Ravi Lamichhane and Chabilal Joshi, money was brought from the cooperative to Gorkha Media Pvt.
