Supreme Court declines bail relief to Kuldeep Sengar in custodial death case

New Delhi: The Supreme Court on Monday refused to interfere with the Delhi High Court's denial of bail to former BJP MLA Kuldeep Singh Sengar in the case pertaining to the custodial death of the father of the Unnao rape victim.

Observing that the matter at hand involves offences of moral turpitude, a bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and NV Anjaria refused to grant relief to Sengar.

The bench, however, requested the Delhi HC to provide "out-of-turn" hearing to an appeal filed by Sengar challenging his conviction and ten-year sentence in the custodial death of the father of Unnao rape survivor. The bench further ordered that the victim's appeal to enhance Sengar's sentence of ten years imprisonment be also decided by the HC alongside Sengar's plea.


"Let Delhi High Court take up the appeal within one week and if the high court finds that the appeal can be decided along with the appeal by Sengar, then both can be heard and decided together. If that requires change in composition of the bench, the same can be done as well," the SC said.

Appearing on behalf of Central Bureau of Investigation (which probed the case), Solicitor General Tushar Mehta informed the bench that the HC has scheduled the appeal in the custodial death for final hearing on February 11. The top court urged the HC to complete the hearing and decide the appeal within three months.

Appearing on behalf of Sengar, senior advocate Siddharth Dave argued that Sengar had already spent seven years and six months as part of his actual sentence in the custodial death case. He said Sengar was convicted and sentenced for a total of 10 years' imprisonment. The High Court had kept his appeal pending while refusing to suspend his sentence.

In response, the CJI verbally told the senior counsel that "out of 10 years of sentence, you (Sengar) have undergone an actual sentence of over seven years. It is highly debatable whether you will be entitled to claim remission in an offence involving moral turpitude of such nature".