New Delhi: The Delhi High Court on Tuesday ordered a temporary suspension of the sentence of expelled BJP MLA Kuldeep Singh Sengar in connection with the death case of the Unnao rape victim’s father.
A bench of Justice Manoj Kumar Ohri took note of the submission that Sengar is suffering from severe lower back aches with Radiculopathy, lower gastrointestinal tract infection, Periodontitis, anxiety and sleeping disorders.
Sengar’s application said he would suffer irreparable loss and injury if his sentence is not suspended temporarily and not released. Earlier on December 5, a bench of Justices Prathiba M Singh and Amit Sharma granted two-week interim bail to Sengar, serving life imprisonment for raping a minor girl in Unnao in 2017, considering his precarious health condition.
Kanhaiya Singhal, appearing for Sengar, said the division bench had granted interim bail in the rape case, but he cannot be released because of his conviction in the custodial death case of the Unnao rape victim's father. Sengar has already served more than half of the sentence.
At the same time, advocate Mahmood Pracha, appearing for the victim, opposed Sengar's petition and said he had not been provided a copy of the petition. The court wondered how could two benches have different opinions on bail on the basis of health.
The court had ordered AIIMS Delhi to undertake Sengar’s initial assessment to determine if his ailments could be treated there or would require any referral beyond Delhi.
The court, in its order, said Sengar will not make any attempt to contact the rape survivor and will remain in touch with the investigating officer daily. With a 10-day suspension of sentence, Sengar is set to be temporarily freed on medical grounds.
Sengar's plea against the trial court's order in the rape case is pending before the Delhi High Court, with him having sought reliefs like quashing of the trial court's December 16, 2019 judgment, which convicted him, and the December 20, 2019 order sentencing him to life imprisonment.
The trial court had convicted Sengar under various sections of the IPC and also imposed a fine of Rs 25 lakh on him. In March 2020, a special court sentenced Sengar, his brother Atul Singh and five others to 10 years imprisonment in two cases of the death of the Unnao rape survivor's father in 2018.
The court had held them guilty under various sections of the IPC for offences like conspiracy, culpable homicide, disappearance of evidence, framing incorrect records, wrongfully restraining a person, and the Arms Act. The trial started on August 5, 2019, after the Supreme Court directed the transfer of all five cases from Unnao to Delhi. The apex court had directed to hold daily trials and complete them within 45 days.
Sengar was expelled from the BJP and was disqualified as a member of the Assembly following his conviction.
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