Supreme Court stays bail of Kuldeep Sengar in Unnao rape case, accused to remain in jail

The Supreme Court on December 29, stayed the Delhi High Court’s order suspending the life sentence of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case, ensuring that he will not be released from jail.
A bench headed by Chief Justice of India Justice Surya Kant was hearing a plea filed by the Central Bureau of Investigation (CBI) challenging the Delhi High Court’s December 23 order, which had suspended Sengar’s life imprisonment after he had served over seven years in custody.
While staying the High Court’s order, the Supreme Court observed that several substantial questions of law arise in the matter. The court directed that a counter-affidavit be filed within four weeks and issued notice to Sengar on the CBI’s appeal.
“We have heard Solicitor General Mehta for the CBI and senior counsel for the convict. We find that several substantial questions of law arise. While ordinarily this court does not stay release orders once a convict has been freed, in view of the peculiar facts of the case, where the convict has already been convicted in a separate offence, we stay the operation of the Delhi High Court order dated December 23,” the CJI said.
The court made it clear that Sengar shall not be released from jail pursuant to the High Court’s order.
Sengar, an expelled BJP leader, was convicted for kidnapping and raping a minor girl in Unnao, Uttar Pradesh, in 2017 and sentenced to life imprisonment. Although the Delhi High Court had suspended his sentence, Sengar continues to remain in jail as he is also serving a 10-year sentence in the custodial death case of the survivor’s father and has not been granted bail in that matter.
Reacting to the Supreme Court’s order, the survivor’s lawyer Hemant Kumar Maurya expressed gratitude to the apex court. “We thank the Supreme Court for today’s order. The survivor is relieved. The court has clearly stated that the accused will not be released under any circumstances,” he said.
The next hearing in the case is scheduled to take place in January.