KATHMANDU: The Supreme Court (SC) has ordered the release of businessman Shekhar Golchha on bail, overturning previous detention orders issued during the investigation.
A joint bench of Justices Mahesh Sharma Poudel and Shrikanta Poudel on Monday ruled that the decision to keep Golchha in custody without first seeking bail was inconsistent with legal provisions.
The court declared earlier detention orders issued on Baisakh 11 and 12, 2083, null and void.
The apex court also revoked the Kathmandu District Court’s permission that had allowed investigators to extend his detention. The Central Investigation Bureau of Nepal Police had earlier secured extensions for his custody through the district court.
Citing Section 104 of the Securities Act, 2063, the Supreme Court stated that in securities-related offenses, authorities must first seek bail or surety from the alleged before resorting to detention. Only if the accused fails to furnish bail can custodial investigation be permitted.
The court has therefore directed authorities to release Golchha upon submission of bail, and clarified that detention would be justified only if he is unable to provide the required guarantee.
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