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The Supreme Court on Monday stayed the Delhi High Court order that had suspended the jail sentence of former Uttar Pradesh MLA Kuldeep Singh Sengar and granted him bail in the Unnao rape case. A bench comprising Chief Justice of India(BHARAT) Surya Kant, Justice JK Maheshwari and Justice AG Masih passed the order while hearing petitions that challenged the Delhi High Court’s decision to release Sengar on bail during the hearing of his appeal against conviction.
The Supreme Court was hearing two petitions – one filed by the Central Bureau of Investigation (CBI) and the other by advocates Anjale Patel and Pooja Shilpkar. Both petitions questioned the High Court’s move to suspend Sengar’s sentence.
While staying the High Court order, the Supreme Court issued notices to Sengar and sought his response on the matter.
“…In view of peculiar facts where convict is convicted for a separate offence, we stay operation of Delhi High Court order dated December 23, 2025. Thus respondent (Sengar) shall not be released pursuant to the said order,” CJI Surya Kant said.
The SG Tushar Mehta said that Sengar could not walk out of jail as he is serving a separate 10-year sentence in cases linked to the death of the survivor’s father in 2018. “This convict was held guilty of murdering the father of the survivor. He is still in jail for that. I urge the conscience of this court to stay this order for the sake of the child who was a victim of this,” he submitted.
The Delhi High Court had suspended the jail sentence of Kuldeep Singh Sengar, who is serving life imprisonment in the Unnao rape case, noting that he had already spent seven years and five months in prison.
The high court put his sentence on hold while his appeal against conviction and punishment in the rape case remains pending. Sengar has challenged the trial court’s December 2019 verdict.
However, the expelled BJP leader will continue to remain in jail as he is also serving a 10-year sentence in the custodial death case of the victim’s father and has not received bail in that matter.
On August 1, 2019, the Supreme Court had transferred the rape case and related cases from Uttar Pradesh to Delhi to ensure a fair trial.