By IANS
Jaipur : A lower court here is likely to hear Friday Orissa's senior police official B.B. Mohanty's plea converting a non-bailable warrant against him into a bailable one.
Mohanty's 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.
"We filed the application with the court a few days back and the court is likely to hear it on Friday," P.C. Pradeep Sharma, Mohanty's advocate, told IANS here Thursday.
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.
The advocate said Mohanty wants 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".
"After considering the case diary it would become clear to the court that Mohanty's case is not a non-bailable offence," Sharma said.
Mohanty's petition says 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 less number of years than that, the person helping the accused in escaping does not come under the category of non-bailable offence, the lawyer said.
Such cases come under Section 225(B) and are bailable offences, he added.
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.