Supreme Court allows former CEO of NTB to appeal against his conviction in graft case

Kathmandu, October 31

The Supreme Court has allowed former CEO of Nepal Tourism Board Subash Nirola to file an appeal against his conviction in a corruption case without going to jail.

This order was passed by a division bench of Chief Justice Om Prakash Mishra and Purushottam Bhandari after Nirola filed a petition seeking repeal of the court administration’s refusal to appeal against the Special Court’s decision to convict in a corruption case without going to jail.

The Special Court had, on February 22, imposed a fine of Rs 8,051,362 and a seven-year jail sentence on Nirola.

The division bench said that Nirola was not sent to judicial custody by the Special Court during the trial and as per Section 137 (2) of the new criminal procedure code, he was allowed to file appeal against his conviction verdict without going to jail as he faces less than 10 years’ jail sentence.

The apex court stated in its order that if a person who has been convicted in a crime carrying jail sentence up to 10 years was not sent to judicial custody during the first trial submits petition citing reasonable ground to file an appeal by posting a bail or on his personal recognisance, then he/she is allowed to do so.