Justice Manoj Kumar Ohri, after considering the matter, granted Senger interim bail until December 20, 2024, following observations made by a division bench.
![[2017 Unnao Rape Case] Former MLA Kuldeep Singh Senger Moves Delhi HC For Interim Bail Over Delays In Release From Jail](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/12/Unnao-Rape-Case-Delhi-High-Court-Grants-Interim-Bail-To-Kuldeep-Singh-Sengar-For-Medical-Treatment-At-AIIMS-Delhi.jpeg?resize=800%2C450&ssl=1)
NEW DELHI: The Delhi High Court considered an application filed by former MLA Kuldeep Singh Senger on Tuesday(10th Dec), seeking interim bail in connection with his conviction for raping a minor girl in Unnao in 2017.
Senger, through his legal counsel, raised concerns about delays in his release despite a temporary suspension of his sentence. His lawyer informed the court that his release was hindered due to his conviction in another case related to POCSO, among other charges.
Justice Manoj Kumar Ohri, after considering the matter, granted Senger interim bail until December 20, 2024, following observations made by a division bench.
Previous Hearings
On December 5, a bench of 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 prison.
During the hearing, the Special Public Prosecutor from the Central Bureau of Investigation (CBI) clarified that the division bench had granted bail solely for the purpose of admitting Senger to AIIMS. The prosecutor emphasized that the bail was intended to allow an assessment of whether Senger’s medical needs could be addressed while he remained incarcerated.
This followed a June 2024 judgment, where the court had denied an appeal for the suspension of Senger’s life sentence. The court noted that once a conviction is secured, the presumption of innocence no longer applies, and applications for suspension of sentence must be evaluated based on various factors, including the severity of the crime and the convict’s role as outlined in the conviction judgment.
Justice Swarana Kanta Sharma highlighted that the time already served by a convict is only one factor to be considered in such applications. The court also stressed the importance of evaluating the gravity of the offense, the convict’s criminal history, and the broader impact on public confidence in the judiciary.
Senger had been sentenced to life imprisonment in December 2022 for the rape of the minor girl. Earlier, in 2022, a division bench consisting of Justice Mukta Gupta and Justice Poonam A. Bamba had granted Senger interim bail for two months to attend his daughter’s wedding.
