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Synopsis

The Delhi High Court, recently, extended interim relief of Kuldeep Singh Senger by suspending its sentence till January 27, 2025. The bench of Justice Navin Chawla and Justice Harish Vaidyanathan Shankar extended interim relief noting that, “there is no allegation of the appellant having violated any terms and conditions on which the appellant was earlier granted suspension of sentence”. 

Previously, Justice Vikas Mahajan directed the investigating officer to verify Sengar's medical documents. 

Senior Advocate Manish Vashisht, representing Sengar, argued that his client had been advised by AIIMS to undergo cataract surgery, necessitating his admission to the hospital on January 24, 2025. He referred to the court’s orders dated December 5, 2024, and December 20, 2024, where a Coordinate Bench had previously granted interim suspension on medical grounds.

Advocate Mehmood Pracha, representing the victim, contended that the court’s December 20, 2024, order explicitly stated that no further extension of the suspension of sentence would be granted. He argued that Sengar could not dictate the timing of his treatment and repeatedly sought extensions. He also highlighted the threats faced by the victim and her family, emphasizing that further suspension should not be granted.

The court reviewed the submissions and the appellant’s documentation, which included a prescription and booking information for a private ward at AIIMS dated January 14, 2025, for surgery scheduled on January 24, 2025. It was noted that there was no allegation of Sengar violating any conditions of the previous suspension orders.

Taking these considerations into account, the court granted interim suspension of sentence under the following terms:
1. The appellant, if not in custody for any other case, would be released on interim bail on January 23, 2025, upon furnishing a personal bond of ₹50,000 with one surety of an equivalent amount to the satisfaction of the Jail Superintendent.
2. The appellant would reside at his home in Safdarjung Enclave, Delhi, until his admission to AIIMS, leaving only for hospital visits.
3. The appellant would seek admission to AIIMS on January 24, 2025, and undergo cataract surgery as scheduled.
4. If the surgery could not proceed on January 24, 2025, the appellant would surrender to the Jail Superintendent by 7:00 PM on the same day. In such a case, he could file a fresh application for suspension based on any new date of surgery, which would be considered independently.
5. If the surgery was conducted, the appellant would surrender to the Jail Superintendent by 12:00 PM on January 27, 2025, after being discharged.
6. A Delhi Police constable would be stationed at the appellant’s residence and later at the hospital ward, ensuring no more than two visitors at a time.
7. A designated CBI officer would maintain daily contact with the appellant.

For Appellant: Senior Advocate Manish Vashisht with Advocates Amit Kumar Thakur, Aishwarya Sengar, Vedansh Vashisht and Anushruti Tripathi
For Respondent: Special Public Prosecutor Ravi Sharma with Advocates Swapnil Choudhary, Ishann Bhardwaj, Sagar, Madhulika Rai Sharma, Mehmood Pracha, Jatin Bhatt, Sanawar, Kshitij Singh and Nujat Naseem
Case Title: Kuldeep Singh Sengar v CBI