Former Uttar Pradesh MLA Kuldeep Singh Sengar, convicted in the Unnao rape case, has suffered a major legal setback as the Supreme Court of India on Monday stayed the bail granted to him by the Delhi High Court. The apex court also issued a notice to Sengar while hearing a petition filed by the Central Bureau of Investigation (CBI) challenging the bail order.
The matter was heard by a bench comprising Chief Justice Surya Kant, Justice J.K. Maheshwari, and Justice Augustine George Masih.
Why the Supreme Court Stayed the Bail
During the hearing, the Chief Justice observed that while courts generally avoid curtailing personal liberty once an accused has been released, the present case stood on a different footing. The court noted that Sengar is currently lodged in jail in connection with another case, making the situation exceptional.
On this basis, the bench ordered an immediate stay on the bail granted by the Delhi High Court.
CBI’s Argument: Crime Against a Minor
Appearing for the CBI, Solicitor General Tushar Mehta told the court that the case involved the rape of a minor girl. He submitted that Sengar had been charged under Section 376 of the IPC and Sections 5 and 6 of the POCSO Act.
Referring to the trial court judgment, the Solicitor General stated that Sengar had been convicted and sentenced to life imprisonment, with the court clearly recording that the survivor was below 16 years of age (15 years and 10 months) at the time of the offence. Sengar’s appeal against the conviction is currently pending before the High Court.
Challenge to High Court’s Reasoning
The CBI also contested the High Court’s observation that an MLA may not fall under the definition of a “public servant” for the purpose of Section 5 of the POCSO Act. The Solicitor General argued that when the victim is a minor, the public status of the accused becomes irrelevant.
Defence Submissions
Senior advocates Siddharth Dave and Hariharan appeared for Sengar and advanced arguments in his defence. After hearing both sides, the Supreme Court ordered a stay on the bail.
