
Allahabad HC Grants Bail To Ex-MP Dhananjay Singh In Abduction & Extortion Case, Refuses To Stay Conviction
Live LawThe Allahabad High Court on Saturday granted bail to former MP Dhananjay Singh in connection with a kidnapping and extortion case. Stressing that purity in politics is essential, a bench of Justice Sanjay Singh said that Courts should exercise their discretionary power sparingly and cautiously in rare and appropriate cases to stay conviction judgments. Against this backdrop and considering the fact that Singh has secured orders of acquittal in 28 criminal cases due to reasons that witnesses turned hostile as pointed out on behalf of the State, which he had not controverted and that there is no dispute that at present, 10 criminal are still pending against him, the Court did not find any good ground to stay the operation and effect of the impugned judgment of conviction passed by the MP/MLA Court. The Court, however, refused to suspend his conviction as it observed thus: “It is often seen that after conviction of a person who was or is Member of Legislative Assembly or Member of Parliament, used to take a general plea for stay of operation and effect of his conviction that he wants to contest election and in case the judgment of his conviction is not stayed, he will be deprived of his right to contest the election which will result in irreparable loss and injury to him, but this Court feels that each and every case has to be decided on its own merit as well as considering all the surrounding circumstances and other attending factors including gravity of offences, nature of previous criminal history etc” “The purpose sought to be achieved by enacting disqualification on conviction for certain offences is to prevent person with criminal background from entering into politics and governance.
History of this topic

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