New Delhi

The Supreme Court on Monday declined to grant immediate relief to former BJP MLA and rape convict Kuldeep Singh Sengar in the custodial death case of the rape survivor’s father. However, it directed that his pending appeal be taken up and decided expeditiously by the Delhi High Court, preferably within three months.

A Bench headed by Chief Justice of India Surya Kant said the circumstances warranted an early hearing of the appeal rather than interim relief. “We consider this an appropriate case to request the High Court to hear and decide the appeal, but not later than three months,” the Bench observed.

Sengar had moved the Supreme Court challenging the Delhi High Court’s January 19, 2026 order refusing to suspend his sentence and grant bail in the custodial death case. He was convicted by a trial court on March 4, 2020, under Sections 166, 167, 193, 201, and 203 read with Section 120-B of the Indian Penal Code, and sentenced to rigorous imprisonment of up to 10 years, with separate terms awarded for different offences.

Appearing for Sengar, senior advocate Siddharth Dave argued that the appellant had already spent more than seven years and six months in custody and that continued incarceration was unjustified, particularly in view of delays in the disposal of the appeal. The Court, however, noted that the criminal appeal was already listed for final hearing before the High Court on February 11, making the request for suspension of sentence largely redundant.

Opposing the plea, Solicitor General Tushar Mehta, representing the CBI, submitted that Sengar is already serving a life sentence in a separate rape case and that no extraordinary or compelling grounds existed to justify bail.

The Bench remarked that once an appeal is ripe for final hearing, issues such as remission or moral turpitude need not be examined at the interim stage. The appropriate course, it said, was to ensure an early hearing rather than suspend the sentence.

“In cases where there is a conviction, the normal rule is that the appeal should be heard before the sentence is completed,” the Chief Justice said, adding that the victim’s right to pursue her own legal remedies could not be curtailed.

Justice Joymalya Bagchi noted that courts generally exercise caution in granting bail to individuals with serious criminal antecedents, particularly in cases involving custodial death, where a police officer has already been held guilty.

The Court also took note of submissions that the victim’s side has filed a separate appeal seeking enhancement of the sentence. Without commenting on the merits of that appeal, the Bench requested the Delhi High Court to consider hearing both matters together, if practicable, in the interest of justice.

Accordingly, the Supreme Court asked the High Court to take up the matter within a week and conclude the proceedings within the stipulated three-month timeframe.

During the hearing, the Chief Justice strongly admonished advocate Mehmood Pracha, counsel for the rape survivor, over allegations of conducting a “media trial.”

“This media trial that is going on is not proper. Mr Pracha, don’t think I am unaware of what is happening outside the court,” the CJI said.

“I protected your licence in the belief that you would adhere to professional ethics. If we find you indulging in this kind of conduct again, it will not be tolerated. You are effectively running a parallel trial,” he warned.

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“As the Chief Justice of India, I will not tolerate this. This is a clear warning, and I expect it to be taken seriously,” he added.