The Supreme Court stayed the Delhi High Court’s order suspending the sentence of former Uttar Pradesh MLA Kuldeep Singh Sengar in the 2017 Unnao rape case and directed that he be taken back into custody pending adjudication of his criminal appeal.
The interim direction was passed by a Bench headed by the Chief Justice of India while hearing a challenge instituted by the Central Bureau of Investigation (CBI) against the High Court’s December 2025 order granting suspension of sentence and enlarging Sengar on bail during the pendency of appellate proceedings.
The apex court observed that the allegations against Sengar pertained to a grave and heinous offence involving the sexual assault of a minor survivor and noted the concerns raised by the prosecuting agency regarding the potential impact of his release on witnesses and the larger administration of criminal justice.
Before the Court, the CBI contended that the High Court had failed to adequately appreciate the seriousness of the offence and the surrounding circumstances while exercising jurisdiction under Section 389 of the Code of Criminal Procedure relating to suspension of sentence pending appeal. The agency further submitted that Sengar continued to wield considerable political influence and that his release posed a tangible risk of intimidation and interference with the course of justice.
The High Court had suspended Sengar’s life sentence primarily on the ground that he had undergone a substantial period of incarceration and that the hearing of his criminal appeal was unlikely to conclude in the immediate future. While granting relief, the High Court had imposed conditions restraining him from contacting the survivor or her family members and limiting his movements.
Sengar was convicted in December 2019 by a Delhi court for the rape of a minor girl from Unnao and was sentenced to imprisonment for the remainder of his natural life under the Indian Penal Code as well as the provisions of the Protection of Children from Sexual Offences Act, 2012.
The Unnao rape prosecution had attracted nationwide scrutiny and resulted in multiple interventions by the Supreme Court, including transfer of the trial from Uttar Pradesh to Delhi and issuance of directions concerning witness protection and fair investigation. The proceedings also encompassed allegations relating to the custodial assault and subsequent death of the survivor’s father, along with a separate road accident involving the survivor and her relatives.
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