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Delhi High Court Refuses to Suspend Bihar MLA's Conviction
The Delhi High Court decided not to pause Raju Kumar Singh’s conviction.
Singh is a Bihar lawmaker from the BJP.
He was convicted after a woman died during celebratory gunfire at a 2018 party.
A trial court gave him four years in prison and ordered him to pay Rs 25 lakh.
Singh’s lawyers said the conviction could cost him his legislative seat and prevent him from contesting elections.
They also argued that the trial court had misunderstood important evidence.
The high court said it did not see an obvious serious mistake in the conviction.
His appeal will still be considered later, but the conviction itself remains in place for now.
The Delhi High Court rejected Bihar BJP MLA Raju Kumar Singh’s request to suspend his conviction.
Singh was convicted over the 2018 death of Archana Gupta in celebratory firing at a New Year’s party.
The trial court sentenced him to four years’ simple imprisonment and imposed a Rs 25 lakh fine.
The high court said there was no apparent serious error in the trial court’s decision and cited Singh’s criminal antecedents.
The court had suspended Singh’s sentence earlier, while his appeal against the conviction remains pending.
- Who
- Bihar BJP MLA Raju Kumar Singh, the Delhi High Court, and the trial court.
- What
- The Delhi High Court refused to suspend Singh’s conviction for a woman’s death in celebratory firing.
- Where
- The incident occurred at a farmhouse in Fatehpur Beri, Delhi; Singh represents Sahebganj in Bihar.
- When
- The high court order was passed on September 29 and reported on October 1; the incident occurred on December 31, 2018.
- Why
- The court found no manifest perversity or palpable error warranting a stay and cited the offence’s moral-turpitude element and Singh’s antecedents.
Singh’s Arguments
Court’s Reasoning
Whether the conviction should be stayed
Singh’s Arguments
Singh’s lawyers argued that the conviction was unsustainable because it relied on unwarranted presumptions and ignored material evidence, including forensic analysis.
Court’s Reasoning
The court said a surface-level review showed no manifest perversity or palpable error in the trial court’s decision warranting suspension of the conviction.
Effect on political rights
Singh’s Arguments
Singh’s counsel said that without a stay, he could be disqualified as an MLA and barred from participating in future elections.
Court’s Reasoning
The court declined to suspend the conviction despite those consequences, while admitting his appeal for later consideration.
Conduct and background
Singh’s Arguments
Singh’s side emphasized his status as a sitting MLA and his long political career.
Court’s Reasoning
The court highlighted allegations that he was under the influence of liquor during the firing, said the offence involved moral turpitude, and noted that he did not have clean antecedents.
Key facts
- Accused
- Raju Kumar Singh, a sitting Bihar BJP MLA
- Conviction
- Culpable homicide not amounting to murder under Section 304 Part II of the IPC, along with Arms Act violations
- Incident
- Death of guest Archana Gupta during celebratory firing at a New Year’s party
- Incident date
- December 31, 2018
- Trial-court sentence
- Four years’ simple imprisonment and a Rs 25 lakh fine
- High-court decision
- Conviction suspension application dismissed on September 29
- Appeal status
- The high court admitted Singh’s appeal for consideration in due course
Quotes
Delhi High Court
The court hearing Singh’s application to suspend his conviction.
“The appellant was allegedly under the influence of liquor and had used firearm and had indulged into celebratory firing, despite knowing fully well the consequences of his such act.”
theprint.in
“The present application seeking suspension of order of conviction is dismissed.”
theprint.in
Sources
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