Former Gandaki Province Lawmaker Rajiv Gurung, Also Known as Deepak Manange, Released After Serving Prison Sentence

Kathmandu. Former Member of the Provincial Assembly of Gandaki Province, Rajiv Gurung, popularly known as Deepak Manange, has been released after serving his prison sentence. Manange, who was sent to Dillibazar Jail after being convicted of attempted murder, was released on Wednesday after completing his term.

Manange, who was sentenced to five years in prison for allegedly attacking gangster Milan Gurung, also known as Chakre Milan, with a Khukuri in Maharajgunj, Kathmandu, on Baisakh 31, 2061 BS, was released after completing the remaining 1 year and 4 months of his sentence.

Manange had already served two years and eight months in prison in installments. After the Patan High Court upheld the five-year prison sentence, Manange was allowed to fight the case from outside jail. Following the Supreme Court's confirmation of the Patan High Court's decision on Kartik 20, 2081 BS, he was arrested on Kartik 27, 2081 BS. Manange received a 20 percent reduction in his sentence.

Chakre Milan's wife had filed a complaint with the police, alleging that Manange's group had attacked her husband with the intent to kill, severing his left arm. However, Manange claimed he was in Birgunj at the time of the incident and presented a doctor's testimony to the court stating he was receiving treatment at a hospital there.

What was the incident?

On Baisakh 31, 2061 BS, a 'gang fight' occurred between the group of another gangster, Chakre Milan, and Manange's group at Chufang Restaurant in Maharajgunj, Kathmandu. Both sides were armed with Khukuris and sharp weapons. Manange severed Chakre Milan's left arm by striking him with a sharp weapon. Immediately afterward, Chakre Milan's hand was taken to Tribhuvan University Teaching Hospital in Maharajgunj to be reattached. Following the incident, Chakre's wife filed a formal complaint against Manange and four others for attempted murder. Police arrested Manange.

Following the police investigation, a case was filed in the Kathmandu District Court for attempted murder. After the complaint by Chakre Milan's wife, the police arrested Manange, Ganesh Lama, and others and filed the charge sheet. As per the District Court's order, he was sent to Dillibazar Jail for pre-trial detention on Baisakh 13, 2062 BS. Police records from the Crime Investigation Bureau indicate that Manange was released on Magh 28, 2063 BS, after serving two years in jail at that time.

Although the case filed against him was for attempted murder, the District Court sentenced Manange to 2 years in prison, ruling that it was only a simple assault. Dissatisfied with the District Court's verdict, the government filed an appeal in the Patan High Court (then Appellate Court).

Partially overturning the District Court's decision, the High Court sentenced Manange to 5 years in prison under the charge of attempted murder. However, the other accused charged alongside him were acquitted.

The High Court acquitted other accused Ganesh Lama, Rewat Karki, Ramesh Sunuwar, and Umesh Lama. After the High Court acquitted them, the government appealed to the Supreme Court regarding them. Regarding Deepak Manange, the government was satisfied with the confirmed five-year prison sentence and did not appeal to the Supreme Court.

Meanwhile, the Supreme Court upheld the Patan High Court's decision regarding Manange and ordered its implementation. The Supreme Court acquitted the other accused. However, Manange, who was convicted by the High Court, neither went to jail to serve the sentence nor appealed to the Supreme Court. He remained on the wanted list.

However, after he was elected as a member of the Provincial Assembly from Manang, the police began searching for him. Only then did Manange approach the Supreme Court for an appeal. In Jestha 2074 BS, Manange alias Rajiv Gurung's application for appeal was rejected by the Registrar of the Supreme Court. As his time limit had expired, his application was rejected, and Manange was sent to jail. He was taken into custody to implement the verdict.

However, Manange filed a petition in the Supreme Court against the rejection, claiming he did not get a chance for the rejection, was not allowed to appeal, and no notice was sent to his address. In that petition, a division bench of Supreme Court Justices Sharada Prasad Ghimire and Bam Bahadur Shrestha overturned the decision to reject the application on Mangsir 28, 2074 BS, ordering Manange to be released to allow him to appeal.

After being ordered to be released on bail upon depositing a Rs 27,000 surety to appeal while remaining outside custody, Manange continued to fight the case in the Supreme Court from outside. Due to the new provisions of the Muluki Ain allowing individuals facing sentences of less than 10 years to fight the case from outside custody, the Supreme Court ordered Manange's release to allow him to do so.

The Supreme Court wrote a letter to the Dillibazar Prison Office on Poush 6, 2074 BS, ordering his release, after which Manange was freed. In the same case, the Supreme Court delivered its verdict on Kartik 20, 2081 BS, upholding the High Court's decision.