Allahabad High Court Suspends UP Cabinet Minister Nand Gopal Gupta Nandi's 1-Year Jail Term In Assault Case

The Allahabad High Court on Monday suspended a 1-year jail term awarded to Uttar Pradesh cabinet minister Nand Gopal Gupta 'Nandi' by an MP/MLA court in Allahabad in January this year in connection with a 9-year-old assault case. 

The Court also issued a direction for his release on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to deposition of fine.

The bench of Justice Rajiv Gupta passed this order while admitting the criminal appeal moved by Nandi challenging his conviction in the assault case. Hearing his Application for Suspension of Sentence, the bench observed

"Having considered the rival submissions made by learned counsel for the parties and on perusal of the record, 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. The prayer for suspension of sentence is accordingly allowed."

The case against Nandi, who is a Cabinet Minister for Industrial development, Export Promotion, NRI, and Investment Promotion, was registered in the year 2014 on the allegation that at his instigation, his supporters attacked the workers of the Samajwadi Party, fired at them, and used caste-based language. In January this year, the trial court awarded him one-year imprisonment and Rs. 10,000 fine in the case.

However, the Addl. Sessions Judge/Special Judge, MP/MLA Court, Allahabad acquitted him of the charges of allegedly committing atrocities on the members of the Scheduled Caste community.

Challenging his conviction, he moved the High Court wherein his counsel, arguing in his application for suspension of sentence, submitted that he is wholly innocent and has been falsely implicated in the present case due to ulterior motives.

It was next submitted that the court below has not appreciated the evidence and material on record in the right perspective. On the other hand, the AGA could not dispute the fact that the maximum sentence awarded to him is one year and he has no criminal history to his credit and the appellant had already been released on interim bail in the case.

Case title - Nand Gopal Gupta @ Nandi vs. State of U.P. [CRIMINAL APPEAL No. - 2590 of 2023]

Case Citation: 2023 LiveLaw (AB) 102

Click Here To Read/Download Order