The Apex Court today refused to free the then chief of Kist Bank Kamal Gyawali, who has been serving a jail sentence after being convicted of banking fraud.
A division bench of justices Kedar Prasad Chalise and Dambar Bahadur Shahi rejected the plea to free Gyawali after the hearing on a case filed by Gyawali himself.
The Supreme Court rejected his plea to release him through a habeas corpus order even though he claimed that he has been detained illegally. Gyawali claimed that he was convicted by the Patan High Court and still was supposed to file an appeal at the Supreme Court. Gyawali also claimed that he had surrendered before the court respecting the verdict but sending him to jail when he still has the right to file an appeal against the judgment at the Supreme Court was 'illegal'.
Gyawali has been serving a four-year jail sentence according to the decision of the Patan High Court which also imposed a fine of Rs 42.7 million on him for bank fraud.
He was convicted for releasing millions of rupees in the name of Jamko Prakashan illegally by exercising his power – as chief executive officer – for which he was prosecuted at the High Court Patan. Borrowers Kishor Dhakal and Devaki Bastakoti and evaluator Komananda Adhikary were also convicted along with him. They had released millions with the collateral of a low quality land through overvaluation.
A division bench of justices Kedar Prasad Chalise and Dambar Bahadur Shahi rejected the plea to free Gyawali after the hearing on a case filed by Gyawali himself.
The Supreme Court rejected his plea to release him through a habeas corpus order even though he claimed that he has been detained illegally. Gyawali claimed that he was convicted by the Patan High Court and still was supposed to file an appeal at the Supreme Court. Gyawali also claimed that he had surrendered before the court respecting the verdict but sending him to jail when he still has the right to file an appeal against the judgment at the Supreme Court was 'illegal'.
Gyawali has been serving a four-year jail sentence according to the decision of the Patan High Court which also imposed a fine of Rs 42.7 million on him for bank fraud.
He was convicted for releasing millions of rupees in the name of Jamko Prakashan illegally by exercising his power – as chief executive officer – for which he was prosecuted at the High Court Patan. Borrowers Kishor Dhakal and Devaki Bastakoti and evaluator Komananda Adhikary were also convicted along with him. They had released millions with the collateral of a low quality land through overvaluation.
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