Last week, the case was heard in the bench of Justices Milan Kumar Rai and Sanumaya Dangol. However, Lamichhane's legal practitioners had it postponed.
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The fifth hearing of the case of Rabi Lamichhane and Chhabilal Joshi, who are in custody on charges of Supreme Cooperative Fraud and Organized Crime, has also been held in Bench No. 3 of the Butwal High Court. Earlier, the fourth hearing on November 20 was also held in the same bench of Judges Milan Kumar Rai and Sanumaya Dangol of Bench No. 3.
Last Thursday's hearing was postponed by the legal practitioner of Rabi Lamichhane's side.
Ram Bahadur Kunwar, Information Officer of the Butwal High Court, said that both the fourth and fifth hearings were held in Session No. 3 by lottery. The hearing of the case has been held in Session No. 1. Lamichhane, who is in custody for trial in the Supreme Cooperative fraud case in Butwal, had paid his share of the embezzlement in the cooperative, but the bench of District Court Rupandehi Judge Narayan Sapkota had refused to release him on July 10.
In the case of Lamichhane, who had gone to the High Court against that, the Supreme Court had earlier ordered the original charge sheet to be sought from the Supreme Court in the hearing held on October 10. Last Thursday, the bench of Justices Basudev Acharya and Om Prasad Aryal of the Butwal Bench of the Tulsipur High Court had ordered the original charge sheet to be sought. Earlier, on Kartik 20, the bench of Justices Acharya-Aryal had ordered the initial file to be called. Although the initial file was not received from the Supreme Court, the hearing was scheduled for Thursday after receiving a copy from the district court. The court has given priority to the hearing of Lamichhane's case.
Earlier, the hearing was also scheduled for Kartik 13. However, the hearing was postponed after the legal practitioner of Chhabilal Joshi filed a petition. Earlier, in Lamichhane's case, the bench of Justices Milan Kumar Rai and Om Prasad Aryal had ordered that both the cases including Chhabilal be kept together as they were of the same nature.
When Lamichhane demanded to pay the amount as per the amount and fight the case outside the jail, the High Court had ordered that the file of Chhabilal Joshi be presented along with Ravi. Earlier, in Lamichhane's case, the bench of Justice Rai had ordered that a plea report be sought.
Lamichhane, who is in custody for trial in the Supreme Cooperative Fraud case in Butwal, had filed a petition in the High Court on Bhadra 9 after the Rupandehi District Court did not release him even after he deposited the amount of the amount he had misappropriated in the cooperative. Earlier, he had filed a petition in the District Court demanding his release from the cooperative fraud case by depositing the amount of his share. The bench of District Court Judge Narayan Sapkota had rejected his release after hearing his petition on Sharan 26.
A charge sheet has been filed against the defendants including Ravi in the Supreme Cooperative Fraud case in Butwal, setting a collective amount of Rs 109.936 million. However, Lamichhane had submitted a document stating that he had deposited one part of his share out of the four parts. Lamichhane had submitted a bank guarantee of Rs 27.484 million with the application.
Like Lamichhane, Joshi had also submitted a guarantee for the same amount. However, in the case of both the defendants, a similar order was made that they should not be released as it was not clear how much compensation would be awarded to them. Both Lamichhane and Joshi are in jail awaiting trial. Lamichhane, who is in Bhairahawa Prison, has been transferred to Nakkhu Prison in Lalitpur, while Joshi remains in Bhairahawa Prison.
