New Delhi, Feb 9 (UNI) The Supreme Court on Monday asked the Delhi High Court to grant an “out-of-turn” hearing to the appeal filed by former Uttar Pradesh MLA Kuldeep Singh Sengar, challenging his conviction and ten-year sentence in the case relating to the custodial death of the Unnao rape survivor’s father, and observed that the appeal be decided preferably within three months.
The Court also directed that the appeal filed by the victim seeking enhancement of sentence, as well as the appeals of the co-accused, be heard together with Sengar’s appeal.
A Bench comprising Chief Justice of India (CJI) Justice Surya Kant, Justice Joymalya Bagchi, and Justice N.V. Anjaria was hearing Sengar’s petition challenging the Delhi High Court’s order dated January 19, which had refused to suspend his sentence in the custodial death case.
Appearing for Sengar, Senior Advocate Siddharth Dave submitted that the former MLA had already undergone 7 years and 7 months of actual imprisonment out of the ten-year sentence.
On the other hand, Solicitor General of India Tushar Mehta, appearing for the CBI, informed the Court that the main appeal against conviction was listed for hearing on February 11, 2026, and suggested that it could be directed to be taken up expeditiously on an out-of-turn basis.
Counsel for the victim, Advocate Mahmood Pracha, submitted that the victim’s family had filed an appeal seeking conversion of the conviction from Section 304 IPC to Section 302 IPC, along with enhancement of sentence to life imprisonment.
While Dave argued that suspension of sentence is the norm in cases involving term sentences during pendency of appeal, the Bench noted that Sengar is already undergoing life imprisonment in the separate case relating to the rape of the Unnao survivor.
Justice Bagchi queried whether the pendency of a life sentence in another offence was a relevant consideration while deciding the suspension of sentence.
During the hearing, the CJI also expressed strong disapproval of media statements allegedly made by counsel for the victim in connection with the case, observing that the Court does not approve of “media trials” and that advocates appearing in matters should refrain from engaging with the media on pending cases.
By way of background, in April 2018, the father of the minor rape victim was allegedly assaulted in broad daylight while accompanying his family to Unnao for a court hearing.
He was arrested the following day on allegations of illegal possession of arms and later died in police custody due to injuries sustained.
In August 2019, the Supreme Court transferred the trials in five related cases, including the custodial death case, from Uttar Pradesh to Delhi.
Sengar was convicted for rape in December 2019 and sentenced to life imprisonment.
He was subsequently convicted on March 4, 2020, for conspiring in the death of the victim’s father.
The Delhi High Court rejected his plea for suspension of sentence in the custodial death case in June 2024, and again in January 2026, noting his criminal antecedents and absence of any fresh grounds.
While the Delhi High Court had recently suspended Sengar’s sentence in the rape case, the suspension was stayed by the Supreme Court shortly thereafter.
The Supreme Court was hearing Sengar’s plea seeking bail in the custodial death case and, while declining to suspend the sentence, emphasised the need for an early and comprehensive hearing of all connected appeals.
