New Delhi, Oct 1 The Delhi High Court has refused to suspend Bihar BJP MLA Raju Kumar Singh's conviction for the death of a woman in celebratory firing in 2018.
Justice Manoj Jain dismissed Singh's application, saying a "surface-level analysis" of the matter did not show any "manifest perversity" or "palpable error" in the trial court's decision warranting a stay of conviction.
The application formed part of Singh's appeal against the trial court decision.
The judge, in the order passed on September 29, also observed that the Sahebganj MLA did not have clean antecedents and the offence involved an element of moral turpitude.
"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," the court said.
"To make things worse, he does not have clean antecedents. There is long list of cases in which he is found to be involved in. Undoubtedly, in several such cases, he has already been acquitted but it is not a case where he has a clean slate...The present application seeking suspension of order of conviction is dismissed," the court concluded.
On July 4, the trial court had sentenced Singh to simple imprisonment for four years for the death of a woman in celebratory firing in 2018, and slammed "gun culture", saying "we need neither a Singham nor a Pushpa in a state governed by the rule of law".
It had also slapped a fine of Rs 25 lakh on the legislator who was earlier convicted for the death of a guest, Archana Gupta, at a New Year's party at a farmhouse in Fatehpur Beri here on the night of December 31, 2018.
Singh was convicted in June under Section 304 part II (culpable homicide not amounting to murder with knowledge) of the IPC and under provisions of the Arms Act relating to contravention of licence conditions. The provision provides for a maximum imprisonment of ten years or fine, or both.
The high court suspended the sentence on July 27.
Singh's senior counsel argued that he is a sitting MLA with a long political career, and if the conviction was not stayed, he would not only face disqualification but would also be barred from participating in future elections.
It was contended that the conviction was not sustainable as it was based on unwarranted presumptions that ignore material evidence, including forensic analysis.
The court admitted Singh's appeal against the trial court decision and directed that it be listed for consideration in "due course".
