Delhi HC suspends jail term of Bihar MLA in fatal firing case
Delhi High Court Grants Bail to Bihar MLA in Fatal Shooting Incident
Bharatmorningnews.com – The Delhi High Court has temporarily stayed the four-year imprisonment handed down to Bihar BJP legislator Raju Kumar Singh. This legal relief comes in relation to a tragic incident where a woman lost her life during celebratory gunfire at the MLA’s residence in Fatehpur Beri, located in south Delhi, on the night of December 31, 2018.
Court Observations and Conditions
Justice Manoj Jain, presiding over the matter, noted that the appeal against the trial court’s verdict is unlikely to be heard soon. Consequently, the bench ordered the suspension of Singh’s sentence, contingent upon him providing both a personal bond and a surety bond, each valued at ₹25,000, to the satisfaction of the lower court.
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, subject to the satisfaction of learned Trial Court/Chief Judicial Magistrate/Duty Judicial Magistrate First Class with the following conditions:- (a) Surety would be local. (b) The appellant /accused shall provide his mobile number to the investigating officer and shall keep the same operational all the time, till the disposal of the appeal,
Additionally, the court mandated that the surety must be a local resident and that Singh must maintain an active mobile connection with the investigating agency throughout the appeal process.
Background of the Conviction
This order addresses Singh’s challenge against the trial court’s June ruling. The lower court had convicted him under Section 304 Part II of the Indian Penal Code, which covers culpable homicide not amounting to murder but committed with knowledge. He was also found guilty under relevant Arms Act sections concerning violations of license conditions.
During the July sentencing, the trial court imposed a four-year term alongside a ₹25 lakh compensation directive for the family of Archana Gupta, the 45-year-old victim. The judge remarked that the punishment offered sufficient time for reflection and reform, serving as a strong deterrent against reckless gunfire by politicians and others at social gatherings. The court also criticized the prevailing gun culture, stating that the state requires neither a “Singham” nor a “Pushpa” under the rule of law.
Defense Arguments
Senior advocate Siddharth Luthra, assisted by advocate Samarth Luthra, presented several points on behalf of the MLA. They contended that the evidence failed to definitively link Singh to the fatal shot. The defense highlighted that no witness explicitly identified Singh as the shooter, while the prosecution acknowledged that a security guard also fired a rifle during the celebrations.
Furthermore, the legal team pointed out that forensic analysis remained inconclusive regarding whether the projectile recovered from the victim’s body originated from Singh’s pistol or the guard’s weapon. They emphasized that although three prosecution witnesses corroborated the case, none directly incriminated Singh, whereas four crucial public witnesses had turned hostile during proceedings.
The counsel also noted that the appeal is scheduled for 2026, reducing the likelihood of an early hearing. They undertook to deposit the compensation amount with the court registry, allowing the victim’s family to withdraw the funds regardless of the final appeal outcome.
During the proceedings, additional public prosecutor Sunil Kumar Gautam represented the Delhi Police, while senior advocate Manish Sharam appeared for the victim’s family.