CBI challenges Delhi HC order suspending life sentence of Unnao rape convict Kuldeep Sengar in Supreme Court

The Central Bureau of Investigation (CBI) on Friday moved the Supreme Court challenging the Delhi High Court’s decision to suspend the life sentence of former Uttar Pradesh MLA Kuldeep Singh Sengar in the 2017 Unnao rape case. The agency said it would file a Special Leave Petition (SLP) at the earliest after examining the high court’s order in detail.

The Delhi High Court had, on December 23, suspended Sengar’s life imprisonment and granted him bail during the pendency of his appeal against conviction. The CBI’s move signals a strong pushback against the relief granted to Sengar in a case that had sparked nationwide outrage over abuse of power and institutional failure.

CBI to file SLP against bail and suspension of sentence

According to officials, the CBI decided to approach the apex court after studying the division bench’s order, which allowed Sengar interim relief on the ground that he had already served over seven years in prison. The agency maintains that the suspension of sentence undermines the gravity of the crime and the findings of the trial court.

The CBI is expected to argue that the high court erred in granting bail despite the seriousness of the offence and the circumstances under which the crime was committed.

Separate plea already filed in Supreme Court

Earlier, a separate petition was filed in the Supreme Court by advocates Anjale Patel and Pooja Shilpkar challenging the Delhi High Court order. The plea sought an immediate stay on the suspension of Sengar’s sentence, arguing that the HC overlooked crucial observations made by the trial court.

The petitioners pointed out that the trial court had explicitly stated that Sengar deserved to remain behind bars for the rest of his natural life due to the severity and brutality of the crime.

Allegations of misuse of power highlighted

The plea further stated that the high court failed to consider Sengar’s criminal antecedents and his alleged misuse of political influence. It emphasised that even while the survivor’s father was in judicial custody, Sengar allegedly orchestrated his custodial death to intimidate the family and derail the course of justice.

“The High Court failed to appreciate material evidence demonstrating the barbarity of the accused, his muscle power, financial influence and criminal propensity,” the petition noted.

Why the Delhi High Court suspended Sengar’s sentence

The Delhi High Court suspended Sengar’s life sentence on December 23, observing that he had already spent seven years and five months in jail. The suspension will remain in effect until the final disposal of his appeal against the December 2019 conviction in the rape case.

However, the relief does not translate into immediate freedom for Sengar.

Sengar to remain in jail despite suspension

Despite the suspension of his life sentence in the rape case, Sengar will continue to remain in prison as he is serving a separate 10-year sentence in the custodial death case of the survivor’s father. Bail has not been granted to him in that case.

The high court imposed strict conditions while granting bail, directing Sengar to furnish a personal bond of Rs 15 lakh along with three sureties of the same amount.

Background: The Unnao rape case

The Unnao rape case dates back to 2017 and involved allegations that Sengar kidnapped and raped a minor girl. The case drew national attention after the survivor’s father died in custody and the victim later met with a severe car accident that killed two of her relatives.

Following widespread protests and judicial scrutiny, the Supreme Court transferred the trial from Uttar Pradesh to Delhi and handed over the investigation to the CBI.