By IANS
Jaipur : There is more trouble for senior Orissa cop B.B. Mohanty, wanted by police here after his rape-convict son jumped parole, as a court here Monday rejected his petition to convert a non-bailable warrant against him into a bailable one.
The court of the additional chief judicial magistrate in its order said that Mohanty had been given enough opportunity in the past to defend himself.
It noted that in spite of Mohanty being a senior police official he was neither helping nor cooperating with the Rajasthan police in investigations.
Mohanty had submitted an application in a lower court here a month ago requesting that his non-bailable warrant be converted into a bailable one.
His application said that the Rajasthan police had June 6 submitted an appeal based on false and fabricated facts in the court under Section 25 of the Police Act.
The application said Mohanty wanted to provide his full cooperation to the state police in the inquiry but the investigating official was trying to arrest him by presenting “false and misleading facts”.
Mohanty’s petition said that Section 225 of the Indian Penal Code (IPC) clearly states that an offence is non-bailable when a person helps a convict, given life sentence or 10 years in jail or death sentence, escape.
If a convict has been sentenced for fewer years then the person helping the accused in escaping does not come under the category of non-bailable offence, his lawyer argued, adding that such cases come under Section 225(B) and are bailable.
Orissa Director General of Police Mohanty is facing charges of helping his son, Biti Hotra Mohanty, escape from jail as he had given 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 November 2006 but did not return.
A lower court here June 8 had 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.