Delhi HC stays Rajendra Bharti's arrest till July 29 in bank fraud case
Synopsis
Key Takeaways
The Delhi High Court on Tuesday, 28 April deferred the hearing on the plea of former Indian National Congress (INC) MLA Rajendra Bharti, who has challenged his conviction in a cooperative bank fraud case, and listed the matter for 29 July. The court simultaneously stayed his arrest till the next date of hearing; Bharti is currently out on bail.
Current Legal Status
The High Court did not hear detailed arguments on the merits of the appeal at Tuesday's brief hearing. As a result, the conviction awarded by Delhi's MP/MLA special court at Rouse Avenue Court, New Delhi continues to remain in force. The court's stay on arrest provides Bharti temporary relief, but does not suspend the underlying conviction.
Political Fallout: Datia Seat Remains Vacant
The conviction has triggered Bharti's automatic disqualification from the Madhya Pradesh Legislative Assembly under Section 8 of the Representation of the People Act, 1951, in line with the Supreme Court of India's landmark 2013 judgment. The Assembly Secretariat has already issued a notification declaring the Datia Assembly seat vacant from the date of conviction. Bharti had won the Datia constituency in the 2023 Madhya Pradesh Assembly elections, defeating senior Bharatiya Janata Party (BJP) leader and former state Home Minister Narottam Mishra. The seat remains vacant pending the outcome of the High Court proceedings.
The Bank Fraud Case: Background
The case dates back to 1998 and relates to alleged irregularities involving a fixed deposit held in the name of Bharti's mother at the Zila Sahkari Krishi Aur Gramin Vikas Bank, Datia. According to the prosecution, Bharti and co-accused conspired to manipulate the deposit and continued drawing higher interest even after it had matured — a classic fixed deposit fraud pattern seen in cooperative banking irregularities of that era.
Bharti was charged with cheating, forgery, criminal breach of trust, and criminal conspiracy. The special MP/MLA court found Bharti and co-accused Raghuvir Sharan Prajapati guilty under multiple sections of the Indian Penal Code (IPC), including Sections 120B, 420, 467, 468, 471, and 409.
Sentence and Subsequent Proceedings
On 2 April, the trial court sentenced Bharti to three years' imprisonment and imposed a fine of ₹1 lakh. He was taken into custody following the verdict before subsequently securing bail. Bharti then approached the Delhi High Court to challenge both the conviction and the sentence. The disqualification and the vacancy of the Datia seat will persist unless the High Court suspends the conviction — a relief the court has not yet granted.
With the matter now adjourned to 29 July, the legal and political uncertainty surrounding the Datia constituency is set to continue for at least the next three months.