SC cancels Sengar’s bail, asks HC for fresh hearing

SC cancels Sengar's bail, asks HC for fresh hearing

New Delhi: The Supreme Court rejected it on Friday Delhi High Court The order suspended the jail sentence and granted bail to former BJP MLA Kuldeep Singh Sengar, convicted of raping a minor in Uttar Pradesh’s Unnao, and asked the high court to hear the politician’s bail plea afresh pending his appeal against conviction.Sengar’s counsel, senior advocate N Hariharan, told a bench of CJI Surya Kant and Justice Joymalya Bagchi that his client had already spent 10 years behind bars and to refute the prosecution’s claim that she was a minor, several medical reports had estimated the age of the alleged rape victim to be more than 18 years. Solicitor General Tushar Mehta, appearing for the CBI, which has appealed against the high court’s bail, said the MLA was a public servant and was in a “prominent position” to be rightly convicted by the trial court for a serious form of sexual assault under the Protection of Children from Sexual Offenses (POCSO) Act.He said that since the sentence was till the end of his biological life, the High Court could not suspend the sentence.The bench said that since both Hariharan and Mehta were arguing that the High Court had not considered certain aspects of the case against Sengar before suspending the sentence, it would be better if the High Court hears the arguments of the accused and the prosecution afresh before deciding on the plea for suspending the sentence during the pendency of his appeal against conviction. The Supreme Court, which had on December 29 last year stayed the HC’s December 23 order, made it clear that the HC should decide on the bail plea without being influenced by any SC order in the matter. It said the HC will try to decide on the bail plea before the summer vacations.

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