Jaipur, Aug 2 (IANS) The hearing in a lower court here on Orissa senior police official B.B. Mohanty’s plea of converting a non-bailable warrant against him into a bailable one will now take place after Aug 5.
The court of an Assistant Chief Judicial Magistrate (ACGM) was to hear the plea Wednesday but was not able to take it up. Now, the hearing will take place after Aug 5, but an exact date was not given.
About a month back, Mohanty had submitted an application requesting that the non-bailable warrant against him be converted into a bailable one.
Orissa Director General of Police Mohanty is facing charges of helping his son, Biti Hotra Mohanty, escape from jail as he had given the surety for his parole. Bitty, convicted of raping a German tourist in Alwar, was sentenced to seven years in jail. He had gone on parole in Nov 2006 but did not return.
Mohanty’s application said that the Rajasthan police had June 6 submitted an appeal based on false and fabricated facts in the court.
Mohanty wants to provide his full cooperation to Rajasthan police in the inquiry but the investigating officials were trying to arrest him by presenting “false and misleading facts”, P.C. Pradeep Sharma, Mohanty’s advocate, told IANS.
The petition said that according to section 225 of the Indian Penal Code (IPC), an offence is non-bailable when a person helps a convict, given life sentence or 10 years in jail or death sentence to escape. But, if a convict has been sentenced for fewer years, it is a bailable offence under section 225 (B) of the IPC.
The court had on June 8 issued a bailable warrant against Biti and arrest warrant against his father and had given police time till July 7 to carry out the orders.
Meanwhile, the Rajasthan government has asked Orissa to attach the property of B.B. Mohanty for allegedly aiding his son jump parole last year. The Orissa Government has already received a letter in this connection.
The Orissa government has referred it to the law department, which has suggested that it consult the advocate general.
In a related development, the Rajasthan government revoked the suspension of jail official Vishvesh Joshi and posted him as the superintendent of Bharatpur jail Wednesday. Joshi was suspended Dec 18 last year for failing to inform the state government in time about Bitti jumping parole.