The Delhi High Court on Tuesday granted interim bail for 10 days on medical grounds to expelled BJP leader Kuldeep Sengar who is serving 10 years jail in the custodial death case of the Unnao rape survivor's father.
Justice Manoj Kumar Ohri partly allowed Sengar's plea and suspended his sentence for the time being, noting he was granted a similar relief by the division bench of the high court in the rape case against him.
The court was informed that Sengar approached the division bench seeking an interim suspension of sentence on medical grounds.
The division bench, on December 5, directed interim suspension of sentence till December 20.
Considering the import of the division bench's order, Justice Ohri said, "The application is partly allowed and the appellant is directed to be released on interim bail till December 20 on furnishing a personal bond of Rs 50,000 and a surety of the like amount."
The single judge adopted the same conditions imposed on Sengar by the division bench.
The division bench previously said the appellant should be admitted to AIIMS, New Delhi, on the next day of his release for a comprehensive review of his medical condition.
The court further ordered the hospital's medical board from various departments to examine him and submit a report before it on the future course of treatment.
It said the board should also opine whether all his treatments could be administered in AIIMS, New Delhi and within how much time.
Sengar sought the interim suspension of sentence for five months on medical grounds.
His counsel said his appeal challenging the trial court's conviction and sentencing order was pending and he has been in jail for the last eight years, while the maximum punishment awarded to him was 10 years in the case.
Sengar was convicted of raping the minor survivor and sentenced to imprisonment for the remainder of his life in that case.
Sengar's appeal challenging the trial court's verdict in the rape case is pending in the high court.
He sought quashing of the December 16, 2019 trial court judgment convicting him in the rape case. Sengar also sought to set aside the December 20, 2019, order sentencing him to imprisonment for the remainder of his life.
The girl was allegedly kidnapped and raped by Sengar in 2017 when she was a minor.
On March 13, 2020, Sengar was sentenced to 10 years of rigorous imprisonment by the trial court, which also imposed a fine of Rs 10 lakh, in the custodial death case of the rape survivor's father. The trial court said "no leniency" could be shown for killing a family's "sole bread earner".
It also awarded a 10-year jail term to Sengar's brother Atul Singh Sengar and five other people for their role in the death case.
The girl's father was arrested at the alleged behest of Sengar under the Arms Act and died in custody on April 9, 2018, owing to police brutality.
The trial court, which did not hold the accused guilty of murder under the IPC, awarded the maximum sentence for the offence of culpable homicide not amounting to murder to the convicts under Section 304 of the IPC after holding there was no intention to kill.
The case was transferred to Delhi from a trial court in UP on the directions of the Supreme Court on August 1, 2019.