Unnao: High Court suspends ex-MLA’s life term, but he’ll stay in jail

NEW DELHI: Delhi high court suspended Tuesday the life imprisonment awarded to expelled BJP functionary and former four-time UP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case, citing that he had spent more than seven years in jail while his appeal remained pending.

Sengar, 59, will not walk free immediately as he continues to serve a 10-year sentence in a separate case involving the death of the survivor’s father in custody. His appeal is pending before HC.

Granting relief till disposal of Sengar’s appeal against his 2019 trial court conviction in the rape case, a bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar laid down stringent conditions for release, if and when it occurs. Sengar must furnish a personal bond of Rs 15 lakh with three sureties of the same amount, all residents of New Delhi. The court barred him from entering a 5km radius of the survivor’s residence and from threatening her or her mother, warning any breach would lead to cancellation of bail.




He has been directed to stay in New Delhi during pendency of appeal, deposit his passport, remain available to serve the remaining sentence if his conviction is upheld, and report to a police station every Monday at 10am.

The bench said the survivor is expected to continue to receive CRPF protection. It also directed the DCP of the area where she lives to personally ensure and supervise her security.

Appearing for Sengar, senior advocate N Hariharan and advocate SPM Tripathi said continued incarceration after more than seven years, with the appeal yet to be decided, would violate Article 21 of the Constitution.

Rejecting the argument that Sengar should remain in custody due to threat perception to the survivor, the court said such a position was “not a tenable argument” and added that it would undermine “the laudable work of our police/paramilitary forces”.

The bench recorded that accommodation for the survivor was being provided by the state and DCW was responsible for ensuring suitable housing, directing that the arrangement continue. It said the survivor remained free to approach the court during pendency of the appeal.
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