“The prayer for bail/suspension of sentence is allowed,” said Justice Samit Gopal.
The High Court was hearing an appeal against the Additional District and Sessions Judge/Special Judge MP/MLA Court order which convicted Saini.
A court in Muzaffarnagar, on October 11, had sentenced Saini, an MLA from Khatauli in Muzaffarnagar, and 10 others to two years imprisonment in a case related to the 2013 riots. The court had acquitted all accused from the charge of attempt to murder.
The Muzaffarnagar riots that spread to neighbouring districts left 62 people dead and displaced an estimated population of over 60,000.
Nearly a month after a court in Muzaffarnagar sentenced BJP MLA Vikram Saini, the Uttar Pradesh Legislative Assembly declared his constituency, Khatauli, vacant.
A bypoll is scheduled for the seat on December 5. For the bypoll, the BJP has fielded Saini’s wife Rajkumar Saini against RLD’s Madan Bhaiya.
Government Advocate Ankit Srivastava, who appeared on behalf of the state, opposed the prayer for suspension of sentence/bail.
On the High Court order, Government Advocate Srivastava said only Saini’s sentence has been suspended, and not his conviction in the court’s order.
“There are two things – suspension of sentence and suspension of conviction. The suspension of sentence has been allowed, while his application for suspension of conviction will be heard on Monday,” he said.