Prayagraj, Jun 18 The Allahabad High Court has suspended the 10-year jail sentence of Indian Youth Congress' former national general secretary Manish Kumar Upadhyay, convicted in an attempt to murder case, until the final disposal of his appeal.
The high court also stayed the operation and effect of the order of conviction recorded against him by a trial court of Varanasi in 2010.
The stay on conviction carries a significant legal importance because it removes the statutory disqualification under the Representation of the People Act, 1951, thereby enabling Upadhyay to contest elections while his criminal appeal remains pending in the high court.
On an application filed by Upadhyay seeking suspension of his sentence and conviction, Justice Vani Ranjan Agrawal in its order dated June 11 said, "The sentence awarded to the appellant-applicant,? Manish Kumar Upadhyay, shall remain suspended and the operation and effect of the order of conviction recorded against him shall also remain stayed during the pendency of the present appeal."
Additional Sessions Judge, Varanasi, on July 16, 2010 had convicted Upadhyay under Section 307 (attempt to murder) and Section 34 (common intention) of Indian Penal Code and had awarded a sentence of 10 years of imprisonment along with Rs 25,000 fine.
It is relevant to mention that Upadhyay is out on bail in the case and his appeal is pending in the high court.
His counsel had moved an application requesting the high court to suspend his sentence so that he is able to contest any public election in future.
As per election law, if a court awards two or more years' of sentence to an accused, he will not be able to contest any election.
During the course of hearing, the counsel for Upadhyay argued that he was released on bail by the order dated January 9, 2020 passed by a co-ordinate bench of the high court.
He submitted that Upadhyay is innocent and has been falsely implicated in the case. It is further submitted that he is a highly qualified individual who has been actively and continuously engaged in social work and public service.
The counsel said that Upadhyay has also built a prominent political career while working with the Congress party and has a bona fide desire to actively participate as a candidate in the forthcoming elections.
However, owing to the pendency of the application for suspension of sentence, he is unable to contest the upcoming elections, he said.
The counsel for the Upadhyay further argued that during the period he remained on bail, he never misused the liberty granted to him and complied with all the conditions imposed by this court. It was lastly submitted that the he has no criminal antecedents and no criminal history except for the present case.
However, the state counsel opposed the suspension of conviction and sentence.
