The Allahabad High Court has suspended the one-year jail sentence awarded to Uttar Pradesh Cabinet Minister Nand Gopal Gupta ‘Nandi’ in case related to alleged attack on the members of the Scheduled Caste community. The Court also directed the appellant to be released on bail.

The Bench of Justice Rajiv Gupta observed that “it is evident that maximum sentence awarded to the appellant is only for a period of one year and the appellant is already on interim bail. The final disposal of the appeal will take a long time on account of heavy dockets, as such, the appellant has made out a case for bail.”

Advocate Imran Ullah appeared for the appellant and AGA appeared for the State.

In this case, the appellant was convicted by the MP/MLA Court of offences under Sections 323, 147, and 149 of the Indian Penal Code, 1860, and was sentenced to undergo one-year simple imprisonment.

The counsel for the appellant submitted that the appellant was wholly innocent and had been falsely implicated in the present case due to ulterior motive.

The Court noted that while the sentence was awarded, the MP/MLA Court had acquitted him from the charges of allegedly committing atrocities on the members of Scheduled Caste community, and interim bail was already granted.

Accordingly, the Court allowed the appeal and directed the appellant to be released on bail on his furnishing a personal bond with two sureties.

Cause Title- Nand Gopal Gupta @ Nandi v. State of U.P.

Click here to read/download the Order

Allahabad High CourtJustice Rajiv Gupta

Sanjoli N Srivastava