Supreme Court Asks Delhi High Court To Hear Kuldeep Sengar’s Appeal 'Out-Of-Turn'; Refuses To Interfere With Order Suspending Sentence

The Supreme Court has passed an order directing the Delhi High Court to expedite the hearing of the criminal appeals filed by expelled BJP leader Kuldeep Singh Sengar in the case of the death of the Unnao rape survivor's father while in custody.

The Court was hearing a challenge to the order of the Delhi High Cour which refused to suspend the 10-year sentence awarded to expelled BJP leader Kuldeep Singh Sengar.

The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice NV Anjaria ordered, "We thus submit that the High Court can be requested to take up and decide that appeal on out-of-term basis...At this juncture, counsel for the complainant states that the complainant side has also filed an appeal challenging the trial court judgment...on various grounds including on the question of quantum of sentence...Since there is no reference to that Appeal in the impugned order of the High Court, we do not express any opinion in relation thereto...Keeping all the appending circumstances of the case from as previously in the sentence already undergone by the Appellant, we deem it a fit case for requesting the High Court to accord an out-of-term hearing...and decide the same as early as possible, but not later than 3 months."

Senior Advocate Siddharth Dave appeared for the Appellant, while Solicitor General Tushar Mehta appeared for the CBI.

"As regard to the criminal case...filed by the complainant party/victim, we grant liberty to the Appellant in that case to approach the High Court for taking up of that appeal too for hearing also. The High Court is requested to firstly take up that matter within one week, and subject to the objections, maintainability, etc, if the High Court finds that we decide appeal for which is going to be decided to that matter within a week, objection re maintainability etc. It will be in the interest of justice that both the appeals are heard and decided together. If such a recourse requires the change in composition of the Bench for deciding...Hon'ble. Chief Justice of the High Court will do the needful in this regard", the Bench ordered.

It was pointed out by the Solicitor General Mehta that a criminal appeal is listed for hearing before the High Court on Februray 11, 2026. 

During the proceedings, the Court noted that while the "rule of law" ensures a fair trial for everyone—even referencing the trial of Ajmal Kasab—the nature of the offence and the context of Sengar’s other convictions could not be ignored.

Justice Bagchi highlighted that Sengar is already serving life imprisonment for the rape of the Unnao survivor, stating that such "criminal antecedents" naturally colour the court's view on bail, as the two cases are inextricably linked.

The Court also addressed the victim’s side, noting that the survivor has filed a cross-appeal seeking to enhance Sengar’s sentence (potentially to Section 302 for murder). The Court remarked that criminal appeals do not become "academic issues" even with time served, as families seek the legal vindication of their loved ones. Consequently, the Court directed the Delhi High Court to take up the pending appeals on an out-of-turn basis within one week, potentially restructuring the bench to ensure all connected matters are heard together.

Chief Justice Kant said to Mehmood Pracha, "This media trial, which is happening is not proper. Mr Pracha this media trial by you outside court. Don't think I don't know. Your license was saved by me. I saved it thinking you will stay true to the profession. If we find you indulging in this kind of drama outside the court.. we will not tolerate it. Take our warning in right earnest. As a Chief Justice of India I will not tolerate this."

The Delhi High Court had suspended the sentence of Kuldeep Singh Sengar. The Court heard an Application filed by Sengar under Section 389(1) read with Section 482 of the Code of Criminal Procedure, 1973 (CrPC), seeking regular suspension of sentence during the pendency of the Appeal.

As per the prosecution case, on June 4, 2017, at about 8:00 p.m., one ‘S’ who was the accused no.1 enticed and induced the victim/survivor to accompany her, on the pretext of providing a job at the residence of the Appellant-Kuldeep Singh Sengar. The victim was taken by ‘SS’ inside the Appellant’s house from the rear portion of the property where there were no security guards, whereby the Appellant then alleged to have forcibly raped her. The victim did not reveal the incident to anyone as she was allegedly threatened by the Appellant, to the effect that if she spoke anything about it, some untoward harm would entail. However, the victim later came to confide in her uncle who then relayed the facts to his sister-in-law being the victim’s mother.

Hence, an FIR was registered, but since the local police of Unnao, Uttar Pradesh did not take any action, the victim’s mother was constrained to approach the Additional Sessions Judge, alleging that the Appellant threatened the victim to kill her and her family if the details of the incident were revealed to anyone. The Appellant was convicted for the offences punishable under Sections 376, 363, and 366 of the Indian Penal Code, 1860 (IPC) read with Sections 5(c) and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). He was sentenced to undergo life imprisonment for the remainder of life, along with a fine of Rs. 25 lakhs and an additional compensation of Rs. 10 lakhs payable to the victim’s mother. Being aggrieved, the Appellant approached the High Court.

Cause Title: Kuldeep Singh Senger v. Central Bureau of Investigation [SLP(Crl) No. 2204/2026]