The Allahabad high court has suspended the conviction and sentence of a man convicted in a 2017 murder case after he expressed his desire to contest the 2027 UP assembly elections either as an independent candidate or, if possible, on a BJP ticket.
The bench noted that Rai was an active BJP worker before his conviction. State of Uttar Pradesh, which dealt with the suspension of conviction of public representatives and the consequences of losing the opportunity to contest elections. A division bench of Justice Siddharth and Justice Vinai Kumar Dwivedi passed the order on a criminal appeal filed by Nandlal Rai alias Babloo Rai, who was convicted by a Varanasi sessions court in 2025 in connection with the murder case registered at Sigra police station in 2017. It also referred to the Supreme Court’s 2023 judgment in Afjal Ansari v.
“Keeping in view the right to livelihood of a common man, which is not less important than the right to contest election by a politician, conviction and sentence of appellant deserves to be stayed so that he may be able to survive for hearing the final verdict in his above noted appeal,” the court observed in its October 5 order.
The court directed that Rai be released on bail on furnishing a personal bond and two sureties of the like amount. The high court cited the Supreme Court’s observation that suspension of conviction under Section 389(1) of the Code of Criminal Procedure must be considered in light of the peculiar facts and circumstances of each case, particularly where refusal to stay a conviction could result in injustice or irreversible consequences. Rai’s counsel submitted that the deceased was politically active and that Rai had been implicated merely on suspicion and conjecture. The state opposed the bail application. After considering the submissions and circumstances of the case, the bench ordered that Rai’s conviction and sentence be stayed during the pendency of his appeal. It also restrained him from transferring, selling or otherwise alienating any immovable property in his name, or creating any charge over it, without the court’s permission while on bail.
