Possibility of postponement due to the central convention of the Bar
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The hearing of the case of National Independent Party President Ravi Lamichhane and former DIG and then Gorkha Media owner Chhabilal Joshi has been scheduled for today as well. The hearing scheduled for November 21 was postponed at the request of Lamichhane's own legal practitioner.
Today's hearing is also likely to be postponed if Lamichhane's legal practitioner files a petition citing the Nepal Bar Association convention.
The hearing has been scheduled for Thursday, but it has not been decided whether the court will attend the session or not, said Ram Bahadur Kunwar, the court's information officer. "If the legal practitioner of the concerned party requests it, which is not counted due to the bar convention, the bar has requested to postpone the hearing," he said. "So what happens, it will be decided after the bench sits." He said that the hearing can only be postponed if the concerned legal practitioner requests it.
Thursday's hearing is the fifth and sixth consecutive hearing since Kartik 13 in the case of Rastriya Swatantra Party President Ravi Lamichhane and Chhabilal Joshi, who are in custody on charges of fraud and organized crime at Butwal's Supreme Cooperative Society.
Lamichhane, who was remanded in custody 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 refused to release him on August 10.
In the hearing held on Kartik 10 of Lamichhane's case, which had gone to the High Court against him, the Supreme Court had ordered the original charge sheet to be sought.
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 and Aryal had ordered the original charge sheet to be sought. Although the original file of the file was not received from the Supreme Court, the hearing was scheduled for Thursday after the copy was received 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 Chhabilal Joshi's legal practitioner filed a petition. Earlier, a bench of Justices Milan Kumar Rai and Om Prasad Aryal had ordered that both cases including Chhabilal be kept together in Lamichhane's case 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 Chhabilal Joshi's file be submitted along with Ravi. Earlier, the Butwal High Court had ordered to seek a plea report in Lamichhane's case.
Even though the Tulsipur Butwal High Court was arson and vandalized during the Gen-G protest, the case files of both Lamichhane and Joshi remained intact. 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 his share of the embezzlement in the cooperative. Earlier, he had filed a petition in the District Court seeking to be released 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 deposited one part of the four parts of the amount equal to his share. 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. But in the case of both the defendants, the same order was made that they should not be released as it was not certain 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 is in Bhairahawa Prison.
