KATHMANDU: A 33-year-old forgery case led to the brief incarceration of Dhan Bahadur KC, a member of the Lumbini Provincial Assembly who represents the Rukum East 1 (B) constituency, on Sunday. After turning herself in the court, KC was given a one-year prison sentence but was freed the next day.

On Sunday night, KC arrived in the Rukum West Jail and was freed at 12:30 am on Monday, as per the Rukum East District Court's court order. He was selected in the most recent general election to serve as a province legislator for the Nepali Congress party.

Provision 155 of the National Criminal Procedure Code of 2017 allowed for the substitution of a jail sentence with a fine of Rs 300 per day, which made the release possible. First-time offenders serving a year or fewer in jail are subject to this clause.

Radha Krishna Rijal, the court record keeper, explained that KC was given the option to pay the fine instead of serving his prison term. The court's decision was based on KC's age, the nature of his offense, and his previous conduct.

Provision 155 allows the court to replace imprisonment with a fine if the offender is a first-time convict and the offense is deemed less severe. The law requires offenders to sign a legal deed agreeing to avoid future offenses and maintain good conduct.

It is unclear how KC managed to sign the required legal deed and submit it to the court overnight before his release. Legal experts have criticized the swift release, arguing that it undermines public confidence in the rule of law and democracy.

Senior advocate Ananta Raj Luitel voiced concerns that the rapid release of a sitting provincial lawmaker may reflect poorly on the rule of law and governance. He also noted that such cases highlight the need for more rigorous voter scrutiny and better governance practices.

Assistant Chief District Officer of Rukum West, Binod Regmi, reported that the District Administration Office had not been notified of KC’s arrival at the jail. Normally, the DAO expects to be informed about the arrival of prisoners and the subsequent paperwork.

KC's conviction dates back to June 23, 1991, when the former Rukum District Court found him guilty of forgery related to a property dispute with his wife. He was sentenced to one year in prison and fined Rs 2,000.

While KC had posted bail in 1991, the Rs 2,000 fee was subtracted, but the prison sentence was not completed, according to Deputy Superintendent of Police (DSP) Madhav Kharel of the District Police Office (DPO) Rukum East. Due of his political connections, the police had difficulty finding him during their year-long search.