The Allahabad High Court has suspended the 10-year sentence awarded to Manish Kumar Upadhyay, former national general secretary of the Indian Youth Congress, by a Varanasi trial court in 2010. The court also stayed the operation and effect of the conviction order recorded against him by the same trial court.
Legal Significance of the Stay
The stay on conviction carries significant legal importance because it removes the statutory disqualification under the Prevention of Corruption Act, 1951. This enables Manish Kumar Upadhyay to contest elections while his criminal appeal remains pending in the high court.
Court Order Details
Hearing an application filed by Manish Kumar Upadhyay seeking suspension of sentence and conviction, Justice Vani Ranjan Agrawal in the order dated June 11 stated: “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.”
Background of the Case
Earlier, the Additional Sessions Judge of Varanasi in a judgment dated July 16, 2010, had convicted him under Section 307 (attempt to murder) and Section 34 (common intention) of the Indian Penal Code and awarded a sentence of 10 years imprisonment and a fine of Rs 25,000.
Manish Kumar Upadhyay is already out on bail in this case, and his appeal is pending before the high court. His counsel had moved an application requesting the court to suspend his sentence so that he can contest any public election in the future. As per law, if a court awards two or more years of sentence to an accused, he becomes disqualified from contesting elections.
Arguments Presented
During the hearing, the counsel for Manish Kumar Upadhyay submitted that he was released on bail by an order dated January 9, 2020, passed by a coordinate bench of the high court. He further submitted that Upadhyay is innocent and has been falsely implicated in the case. The counsel also highlighted that Upadhyay is a highly qualified individual actively and continuously engaged in social work and public service. He has built a prominent political career while working with the Congress Party. He has a bona fide desire to participate as a candidate in the forthcoming democratic elections. However, due to the pendency of the application for suspension of sentence, he was unable to contest the upcoming elections.
The counsel further submitted that during the period Upadhyay remained on bail, he never misused the liberty granted to him and complied with all conditions imposed by the court. It was lastly submitted that he has no criminal antecedents or criminal history except for the present case.
The state counsel opposed the suspension of conviction and sentence application.
