Supreme Court Stays Kuldeep Sengar’s Bail Granted by Delhi High Court

New Delhi, 29 December – Former MLA Kuldeep Singh Sengar has faced a major setback from the Supreme Court in the Unnao rape case. The top court has stayed the bail granted to him by the Delhi High Court with immediate effect. The Supreme Court has also issued a notice to Kuldeep Sengar following a petition filed by the CBI.

The bench comprising Chief Justice Surya Kant, Justice J.K. Maheshwari, and Justice Augustin George Masih heard the CBI’s plea against the Delhi High Court’s bail order on Monday.

During the hearing, the Chief Justice made an important observation stating that usually, if a person is out of jail, the court does not revoke their liberty. However, this case is different since Kuldeep Sengar is currently imprisoned in another case. On this basis, the court ordered a stay on his bail.

Solicitor General Tushar Mehta, representing the CBI, argued that the case involves the rape of a minor girl. Sengar was charged under Section 376 of the IPC and Sections 5 and 6 of the POCSO Act.

Referring to the trial court’s verdict, SG Mehta stated that Sengar was convicted and sentenced to life imprisonment. The trial court had recorded that the victim’s age was below 16 years, precisely 15 years and 10 months. Sengar’s appeal against this sentence is currently pending in the High Court.

Mehta further said that under Section 375, if the accused is an influential person, the minimum punishment ranges from 20 years to life imprisonment.

He also contended that the trial court overlooked the provisions of Section 376 under which Sengar was convicted, which also provide for life imprisonment.

Challenging the High Court’s conclusion that a legislator does not come under the category of ‘public servant’ under Section 5 of the POCSO Act, Mehta clarified that when the victim is a minor, it does not matter whether the offender holds a public office or not.

On the other hand, senior advocates Siddharth Dave and Hariharan appeared for Kuldeep Sengar and presented the defense arguments. After hearing both sides, the Supreme Court stayed the bail order.

Udaipur Kiran

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