Supreme Court to Review Bail Decision for Kuldeep Singh Sengar

A Special Leave Petition has been submitted to the Supreme Court of India, contesting the Delhi High Court's recent decision to suspend the life sentence of former Member of the Legislative Assembly (MLA) Kuldeep Singh Sengar, who is currently serving a life term for his involvement in the Unnao rape case.

The petition was filed by advocates Anjale Patel and Pooja Shilpkar through Advocate-on-Record Sanjeev Malhotra. It seeks to overturn the bail granted to Sengar, questioning the High Court's justification for allowing the suspension of his sentence. The original trial court had imposed a life sentence on Sengar after thoroughly reviewing the evidence presented, highlighting the severity and heinous nature of his crimes.

The plea raises concerns about whether the High Court adequately considered the trial court's findings before granting bail. It argues that the High Court misplaced its focus on Sengar's period of custody, which totals approximately seven years and five months, rather than the gravity of the offence. Furthermore, it questions the High Court's interpretation of the term "public servant" as defined in the Prevention of Corruption Act, 1988.

According to the petition, "The High Court has gravely erred in law and on facts in misinterpreting the statutory definition of 'public servant'." It further asserts that individuals in positions like Sengar's must be held accountable due to their public duties and responsibilities.

The High Court's decision was made by a division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar, who ordered Sengar's release on bail upon the payment of a personal bond of INR 1.5 million (approximately £15,000) and three sureties of the same amount. The court also imposed conditions prohibiting Sengar from approaching the victim or her family.

The High Court stated, "We are suspending the sentence. The appellant shall furnish a personal bond of INR 1.5 million with three sureties of the like amount. He shall not come within a five-kilometre radius of the residence of the victim."

Sengar, who was convicted in December 2019, received a life sentence in December 2022 for the rape of a minor girl in 2017. In addition to this case, he has a pending plea for suspension of his sentence related to the custodial death of the victim's father, for which he was sentenced to ten years' imprisonment.

The High Court has previously entertained Sengar's application for interim bail, with his legal team highlighting delays in his release despite a temporary suspension of his sentence. In December of the prior year, a bench led by Justice Prathiba M. Singh granted interim bail after ordering the All India Institute of Medical Sciences (AIIMS) to assess his health condition to determine if his medical treatment could be adequately managed within the prison system.

The case is titled Anjale Patel & Anr. vs. Central Bureau of Investigation & Anr.