New Delhi, Jul 28 The Delhi High Court has suspended the four-year sentence awarded to Bihar BJP MLA Raju Kumar Singh for the death of a woman in a celebratory firing at a farmhouse here in 2018.
Justice Manoj Jain granted relief to the legislator from Sahebganj, noting he had already spent two months and 22 days in jail and there was no likelihood of his appeal against his conviction being heard finally in the near future.
"Keeping in mind the overall facts of the case and the fact that there is no likelihood of appeal getting finally heard in near future, the sentence of the appellant is hereby suspended on his furnishing personal bond and surety bond in a sum of Rs 25,000 each with one surety of like amount," said the court in the order passed on Monday.
Singh's senior counsel submitted that in the instant case, the "offending fire" was not specifically attributed to the appellant as admittedly, celebratory firing was also done from a security guard's rifle.
He further said that although three prosecution witnesses supported the prosecution's case, their testimony does not pinpointedly indict the appellant.
It was also submitted that Singh was willing to unconditionally pay the compensation amount of Rs 25 lakh to the deceased's kin.
In the order, Justice Jain said Singh would deposit the amount with the court's registry and the victim's family would be at liberty to withdraw it, irrespective of the eventual outcome of the appeal.
On July 4, a trial court had sentenced Singh to simple imprisonment of four years for the death of the woman 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 party at a farmhouse in Fatehpur Beri here on the night of December 31, 2018.
In its 34-page verdict, the trial court had refused to grant leniency, saying Singh was apparently drunk on the arrogance of power and seemingly wanted to project his status by firing.
It had said such actions encourage an ecosystem of illicit firearms and have led to the entry of 'Bahubalis' in politics.
Singh was convicted 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 10 years or fine, or both.
