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Kathmandu, Aug 12: The Rupandehi District Court on Monday evening rejected a request to release former Home Minister and Rastriya Swatantra Party (RSP) president Rabi Lamichhane on bank guarantee and date attendance. Judge Narayan Prasad Sapkota cited two provisions under the Criminal Procedure Code 2017 while refusing his release.

Lamichhane had sought release under Sections 68 and 71 of the Code. Section 68 allows accused persons facing criminal charges to be freed on bail in certain conditions. However, Judge Sapkota’s bench ruled that the case had already been decided through the lower courts and the Supreme Court, so the same matter could not be revisited. The order stated, “Since the earlier order to release the applicant on bail was overturned by the appellate court and the Supreme Court, it cannot be reconsidered under the same provision.”

Lamichhane’s second legal argument was based on Section 71, which states that at any stage of a case, an accused can be held in custody or released on bail or guarantee depending on the circumstances. The court, however, pointed out that this section applies only if new evidence substantially changes the previous order, which Lamichhane failed to present.

The court gave two reasons for refusing his release: First, although he faces charges under the Cooperative Act and the Organised Crime Control Act, the exact amount of the embezzled sum is yet to be determined. Lamichhane had submitted a bank guarantee based on what he claimed was his share of the total amount, but the court ruled the amount was not verified. Second, the court said that since the process of hearing witnesses and examining further evidence is still pending, Section 71 does not apply.

The court also noted that Lamichhane remains in custody in the Supreme Cooperative case and that, given the nature of the charges, a swift trial is appropriate. The order instructed that proceedings be completed as quickly as possible.

Until the trial at Rupandehi District Court concludes, Rabi Lamichhane will remain in custody to defend himself against the allegations.

People’s News Monitoring Service