HC suspends 10-year sentence of former Youth Cong leader
PRAYAGRAJ, June 19 -- The Allahabad high court suspended the 10-year prison sentence awarded to former Indian Youth Congress national general secretary Manish Kumar Upadhyay by a Varanasi trial court in 2010. The high court has also stayed the operation and effect of the conviction order passed against him.
On an application filed by Manish Kumar Upadhyay seeking suspension of sentence and conviction, justice Vani Ranjan Agrawal in the order dated June 11 said, "The sentence awarded to the appellant-applicant Manish Kumar Upadyyay 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."
Earlier, the trial court had convicted Upadhyay under section 307 (attempt to murder) and section 34 (common intention) of Indian Penal Code and had awarded a sentence of ten years imprisonment and fine of Rs 25,000.
However, Manish Kumar Upadhyay is already out on bail in this case, and his appeal is pending before the high court.
An application was moved before the high court requesting the court to suspend his sentence so that he may be able to contest any public election in future. As per 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 Manish Kumar Upadhyay argued that he was released on bail by the order dated January 9, 2020 passed by a co-ordinate bench of this court. He further submitted that he was innocent and has been falsely implicated in the present case.
It was further submitted that he was a highly qualified individual, who had been actively and continuously engaged in social work and public service. He has also built a prominent political career while working with the Congress Party. He has a bona fide desire to actively participate as a candidate in the forthcoming democratic elections. However, owing to the pendency of the application for suspension of sentence, he is unable to contest the upcoming elections.
On the other hand, the state counsel opposed the suspension of conviction and sentence application.
After a stay on conviction of Manish Kumar Upadhyay, he can contest elections while his criminal appeal remains pending in the high court....
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