New Delhi: The Supreme Court is set to take up the Central Bureau of Investigation’s (CBI) plea on Monday against the Delhi High Court’s decision to suspend the life sentence of former BJP legislator Kuldeep Singh Sengar in the 2017 Unnao rape case and grant him interim bail during the pendency of his appeal.
As per the cause list dated December 29, the matter will be heard by a special vacation bench comprising Chief Justice of India Surya Kant along with Justices J.K. Maheshwari and A.G. Masih. The investigating agency has sought an urgent stay on the High Court’s December 23 order, which has sparked strong public and legal reactions.
Apart from the CBI’s appeal, the apex court will also consider a separate petition filed by two advocates who have questioned the suspension of Sengar’s sentence. The petitioners argue that the High Court overlooked the trial court’s observation that Sengar should remain incarcerated for the remainder of his natural life, given the gravity of the offence.
The High Court, while granting relief, had reasoned that certain aggravated offence provisions under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code did not apply, as Sengar could not be treated as a “public servant” under those specific sections. On this basis, and noting that he had already spent over seven years in prison, the court ordered suspension of his sentence until his appeal is decided.
Despite the relief, Sengar continues to remain behind bars as he is also serving a separate 10-year sentence in connection with the custodial death of the survivor’s father, in which he has not been granted bail.
The High Court had imposed strict conditions while granting bail, including a personal bond of ₹15 lakh with three sureties, a restriction on entering within a five-kilometre radius of the survivor’s residence in Delhi, and a clear warning that any attempt to influence or intimidate the survivor or her family would result in cancellation of bail.
Meanwhile, the survivor has strongly criticised the High Court’s decision and has called for accountability, alleging collusion during the investigation phase. Legal challengers to the bail order have also contended that the High Court failed to adequately weigh Sengar’s criminal background and the seriousness of the offences for which he was convicted.
The Unnao case and related matters were transferred from Uttar Pradesh to Delhi in 2019 on the directions of the Supreme Court to ensure a fair trial. Sengar’s appeals in both the rape conviction and the custodial death case are currently pending before the courts.
The Supreme Court’s hearing on Monday is expected to play a crucial role in determining whether the suspension of sentence will continue or be set aside.
