Muzaffarnagar Riots 2013 Case: Allahabad High Court Suspends Sentence Imposed On Disqualified BJP MLA Vikram Saini

The Allahabad High Court on Friday suspended the 2-year-old sentence imposed on (now disqualified) BJP MLA, Vikram Saini in connection with the 2013 Muzaffar Nagar riots case. The violence had left at least 60 people dead and over 50,000 people were reportedly displaced.

The bench of Justice Samit Gopal suspended his sentence and granted him bail while admitting an appeal filed by Saini challenging his conviction under charges relating to Section 147 (rioting), 148 (rioting armed with deadly weapons), 336 (act endangering life or personal safety of others), 353 assault or criminal force to deter public servant from discharge of his duty, 504 (intentional insult with intent to provoke breach of peace) and 506 (criminal intimidation) of IPC.

A special court in Uttar Pradesh's Muzaffar Nagar district on Tuesday sentenced disqualified BJP MLA, Vikram Saini, and 10 others to 2 years in imprisonment in connection with the 2013 Muzaffar Nagar riots case. On November 7, the UP Vidhansabha Secretariat issued a notification declaring the Khatauli Vidhsabha seat (represented by Saini) as vacant.

The arguments put forth

Before the Court, seeking a suspension of his sentence, the counsel for Saini argued that the maximum sentence awarded to him is two years imprisonment and the trial court has extended the benefit of set-off under Section 428 Cr.P.C.

It was also submitted that he was on bail during the pendency of the trial and soon after his conviction, he was granted interim bail by the Additional Sessions Judge, Court No. 4/Special Judge, MP/MLA Court, Muzaffarnagar by extending the benefit of Section 389(3) Cr.P.C. It was also argued that Saini is not a previous convict and in three other criminal cases, he has been acquitted and only one case is pending against him in which he is facing trial.

Taking into account the submissions of the Counsel for Saini, the Court, while allowing his prayer for bail/suspension of sentence, observed thus:

"Looking to the facts and circumstances of the case, let the appellant- Vikram Singh Saini @ Vikram Saini, be released on bail in the aforesaid case on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned."

The matter has now been listed for hearing on November 21, 2022, when his counsels are likely to seek a stay on his conviction. Advocate Aditya Upadhyay appeared for the accused.

Case title - Vikram Singh Saini@ Vikar Saini v. State of U.P. [CRIMINAL APPEAL No. - 8461 of 2022]

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