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Senger received a life imprisonment sentence for the sexual assault of a minor girl in Unnao District, Uttar Pradesh, in 2017. Additionally, he was convicted and sentenced to a 10-year prison term in connection with the custodial death of the father of the Unnao rape victim.
The Delhi High Court, on Tuesday, considered an application filed by former MLA Kuldeep Singh Senger seeking interim bail in connection with his conviction for the rape of a minor girl in the Unnao district in 2017. Senger, represented by his legal counsel, raised concerns over delays in his release despite orders temporarily suspending his sentence.
His advocate informed the court that his release had been hindered due to his conviction under another case registered under POCSO among other statutes.
The bench of Justice Manoj Kumar Ohri granted interim bail to Senger until December 20, 2024, following observations made by a division bench.
Separately, on December 5, a bench comprising Justice Prathiba M. Singh and Justice Amit Sharma directed the All India Institute of Medical Sciences (AIIMS) to submit a comprehensive report on Senger’s medical condition to determine whether his treatment could be effectively managed within the jail premises.
During the hearing, the Central Bureau of Investigation (CBI)'s Special Public Prosecutor informed the court that the division bench had granted bail exclusively for the purpose of Senger’s admission to AIIMS. The prosecutor clarified that the bail was intended to facilitate an assessment of whether Senger’s medical needs could be addressed while he remained incarcerated.
This development followed a June 2024 judgment where the court denied an appeal seeking the suspension of Senger’s life sentence. In that ruling, the court emphasized that once a conviction is secured, the presumption of innocence ceases to apply. The judgment underscored that applications for the suspension of a sentence must be evaluated on multiple parameters, including the severity of the crime and the convict’s specific role, as outlined in the conviction judgment.
Justice Swarana Kanta Sharma, in her observations, highlighted that the duration of time already served by a convict is only one of several factors to be considered when deciding such applications. The court also stressed the importance of assessing the gravity and nature of the offense, the convict’s criminal history, and the broader implications for public confidence in the judiciary.
Kuldeep Singh Senger had previously been sentenced to life imprisonment in December 2022 for the rape of a minor girl in 2017. Earlier, in 2022, a division bench comprising Justice Mukta Gupta and Justice Poonam A. Bamba granted Senger interim bail for two months to attend his daughter’s wedding.
Case Title: Kuldeep Singh Senger v Central Bureau Of Investigation (CRL.M.(BAIL) 2060/2024)
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