Ravi Lamichhane, chairman of RSVP, has once again applied to the District Court Rupandehi to be released from prison, as the High Court's order to send him to prison for pre-trial detention in cooperative fraud has been upheld by the Supreme Court as well. He has also submitted a bank guarantee to the court to be released voluntarily.

Although it is not a practice to release a person from prison until it is proven that they are not guilty, Lamichhane is waiting for a strange blessing. 

The suspended MP Lamichhane, who is incarcerated in Rupandehi District Jail in the case of fraud and organized crime of the Supreme Savings and Loan Cooperative of Butwal, filed a petition in the district court on Monday demanding his release from prison. Along with the application, he submitted the bail of Prabhu Bank of Rs.

According to Padam Aryal, information officer and branch officer of the court, Lamichhane's application has been processed. According to him, the bench of Judge Dilliram Sharma Aryal had ordered to inform the opposition on Monday. Then on Tuesday, the court administration took the payee to the bench of Judge Pralhad Kumar Yogi. Yogi is the judge who ordered Lamichhane to be released on 1 crore bail in the first case. Therefore, this year, after he could not see this case, another payee was scheduled on Wednesday. 

Wednesday's case was in the bench of Judge Dipendra Thapa Magar. But after the bench was decided, Rajendra Thapa, a lawyer from Lamichhane, postponed the hearing saying that he was ill. "The legal practitioner of Lamichhane has sent a request that he is ill and postponed it," said information officer Aryal.  Why was

itself postponed by filing a petition? According to the officials of the court administration, the parties who are waiting for a certain judge to give an order in their favor have been doing the same practice.

The court has 10 judges including the chief. Among them, the case can be debated in any court other than the Yogi who ordered the case. "But there may be a search for a suitable judge, that's why there was an attempt to postpone the payment," said a court official, "There is a way for the parties to the case to try, but the order of the case does not go down. 

On the other hand, Thapa, a legal practitioner from Lamichhane, said that he sent a request for postponement because he did not have time to study the case. "I was a normal patient, but more than just a patient, the appointment was postponed because there was not enough time to study the case," he said, "we will discuss the next appointment."

Lamichhane has submitted along with the application, the statement of Bhuvan Maharjan against Geeta Sharma and the order of the joint bench of the Supreme Court on 5th January 2080 in the case of fraud and organized crime in which the plaintiff is the Government of Nepal, and the statement of the Supreme Court that the criminal offense related to cooperative fraud can be reconciled in the custodial deposition case related to Vinod Thapa Magar.

"In the case presented against me in accordance with the existing law, it means embezzlement of the funds of the cooperative that was established against me, on the basis that I have filed a bank guarantee letter equal to the wrong claim, I should be released from the wrong claim of the case related to the cooperative fraud," Lamichhane wrote in the petition, "Also, in the case of the irrelevant and false accusation claim of organized crime, the case under the ordinary date of the civil criminal procedure code of 2074 Order according to section 68, 69 and 71.'  He also mentioned that the amount deposited through the bank guarantee was received through well-wishing relatives. It has been revealed in the application that Shankar Prasad Shrestha has provided Rs 15 million, Ramanand Ghimire Rs 94 lakh 84 thousand and Manohar Pradhan Rs 30 lakh.

Lamichhane has asked for an order to release him from prison according to Section 71 of the Civil Criminal Procedure Code, Section 68 of the Civil Code, 2074. Section 68 provides that the accused can be released on bail or bank guarantee. It is stated in Section 71 (1) that no matter what stage the proceedings of the case have reached, while the court is considering the evidence, it may detain the accused in accordance with Section 67 according to the circumstances or demand bail, surety or bank guarantee from him in accordance with Section 68. The court will not be considered to be hindered in asking for bail or bank bail.

Article 71 (2) states that, "No matter what stage the proceedings of the case have reached, where there is any mental basis to prove that an accused imprisoned under 67 or 68 is not a criminal, the court may order his release from prison after hearing such matter." 

Senior advocate Ram Narayan Bidari argues that section 71 of the Civil Criminal Procedure Code, 2074 is not attracted in the case of Lamichhane. "As we understand more evidence, it becomes attractive if new evidence is found and detention or release is required," he said.

Bidari says that there was an informal discussion about this law by the full bench of the Supreme Court and it was not used anywhere. "I don't see the possibility of further explanation from the court. Ravi only applied for stunts, he said. 

Another senior advocate, Surendra Bhandari, also said that although he has the right to file an application using the law according to the Code of Procedure, it has not yet been explained. "That's why it has become a matter of interest for law students as well," he said, "we have to see how the court interprets it."

Lamichhane requested for release according to Section 71 of the Code, but Bhandari said that his failure to submit was an admission that he had made a mistake. He claims that Lamichhane himself gave the evidence against him. "The law does not envisage release from prison only by paying the bill," he said. He also said that the higher court overturned the order of the district to keep him on bail and sent him to prison and the Supreme Court also submitted the order of the higher court.

Four persons including Lamichhane have been fined a sum of Rs 10 crore 99 lakh 36 thousand for embezzling the funds of Supreme Cooperative of Butwal to Gorkha Media Network Pvt Ltd. Lamichhane has submitted the amount due to his share.

Lamichhane, the former managing director of Gorkha Media Network Pvt Ltd, who is also the former home minister, was ordered to be released on a bond of Rs 1 crore by the District Court Rupandehi on January 13. Against the order, the public prosecutor's office went to the high court demanding that Lamichhane be detained. Lamichhane also went to the Tulsipur High Court Butwal bench with a demand to put him on a regular date for remand saying that the bail amount was too high.