Rabi Lamichhane’s bail hearing scheduled after submitting bank guarantee

KATHMANDU: Rastriya Swatantra Party Chair Rabi Lamichhane’s bail hearing has been scheduled at the Rupandehi District Court after he submitted a bank guarantee equivalent to the bail amount.

The hearing is set before Judge Narayan Sapkota’s bench. Lamichhane has already deposited a bank guarantee of Rs 27.48 million as part of his bail application, and the court is now proceeding with the case.

Lamichhane was sent to pre-trial detention on April 4 by the High Court’s Butwal bench in Tulsiipur, on charges of embezzling millions of rupees from the Supreme Cooperative Society’s savings. The Supreme Court upheld this detention order, and Lamichhane is currently serving time at Bhairahawa Prison.

Invoking Sections 68 and 71 of the Criminal Procedure Code (2017), Lamichhane submitted his petition seeking release on bail against the bank guarantee he provided.

Section 68 of the procedure code allows for release on bail or bank guarantee, while Section 71 permits the court to detain or release an accused depending on the stage and circumstances of the trial.

The law states that even if the accused was not initially detained or bail was not taken, the court can order detention or bail later based on evidence and circumstances without procedural hindrance. It also allows for bail or release if there is reasonable proof that the accused is not guilty.

Lamichhane submitted his bank guarantee to Rupandehi District Court last week requesting his release from Bhairahawa Prison.

The Supreme Court refused his release, citing evidence that did not conclusively prove his innocence. Lamichhane has claimed in his petition that he is being targeted politically and that his imprisonment is motivated by political vendetta.

Earlier, the Rupandehi District Court had released Lamichhane on bail in the Supreme Cooperative savings fraud case. However, as he faces additional charges of cooperative fraud, organized crime, and money laundering, the Dang High Court’s Butwal bench ordered his detention.

Following this, Lamichhane approached the Supreme Court, which upheld the detention and ordered him to remain in custody for trial.