[Custodial Death Case] Former BJP MLA Kuldeep Singh Sengar moves Delhi HC seeking 60-days' interim bail for daughter’s marriage

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Synopsis

Sengar's counsel argued that he seeks the quashing of his sentence and 60 days interim bail to attend his daughter's wedding on February 8, 2023.

Former Bhartiya Janta Party (BJP) MLA Kuldeep Singh Sengar who has been convicted and sentenced by the trial court to ten years imprisonment in a custodial death case, moved the Delhi High Court on Thursday seeking 60 days interim bail for attending his daughter’s marriage.

Sengar in his plea stated that he served a sentence of 4 years and 8 months and received remissions, bringing his total sentence time to more than 5 years.

During the hearing, the counsel for former BJP MLA Kuldeep Singh Sengar contended that he seeks quashing of his sentence and 60 days interim bail for attending his daughter’s marriage scheduled for February 8, 2023. On the contrary, the counsel for the Central Bureau of Investigation (CBI) contended that Sengar is also a convict in a rape case of a minor girl and his bail plea is pending before a division bench.

Taking note of the submissions, Justice Dinesh Kumar Sharma issued notice to the CBI, directed them to verify the details, and sought a reply to the plea. Accordingly, listed the matter for January 16.

Sengar in the present plea, has challenged the Trial Courts order dated March 13, 2020, passed by District and Sessions Judge Dharmesh Sharma. The court had convicted him under Sections 166, 167,193, 201, 203, 211, 218, 323, 341, 304, and 120B IPC and Section 3, 25 of the Arms Act, 1959.

Earlier, in December 2022, Sengar who has been sentenced to life imprisonment for raping a minor girl in the Unnao District of Uttar Pradesh in 2017, moved the High Court seeking two months' interim bail for his daughter’s marriage.

A division bench of Justice Justice Mukta Gupta and Justice Poonam A Bamba issued a notice, sought verification of the request, and directed a status report to be filed by the CBI. The matter will be taken up on January 16.

Sengar had challenged the Trial Court order dated December 20, 2019, wherein the Tis Hazari court judge sentenced him for the "remainder of his natural biological life" for abducting and raping a minor girl.

Sengar was convicted under various provisions including Section 376 (2) of the Indian Penal Code which deals with a public servant who takes advantage of his official position and commits rape on a woman in his custody or in the custody of a public servant subordinate to him.

Case Title: Kuldeep Singh Sengar v. CBI