Supreme Court sets aside order suspending Kuldeep Sengar’s life sentence in Unnao rape case, remits matter back to high court

The court passed the order while hearing the CBI's appeal challenging the order suspending Sengar's life sentence and allowing his release on bail during the pendency of his appeal against rape conviction. The top court clarified that it was not expressing any opinion on the merits of the case.

Supreme CourtOn December 29, 2025, the Supreme Court had stayed the High Court order suspending the life sentence of Sengar and granting him bail in the rape case. (File photo)

SC Hearing on Kuldeep Singh Sengar Bail in Unnao Case Highlights: The Supreme Court Friday set aside the Delhi High Court’s order suspending ex-BJP MLA Kuldeep Singh Sengar’s life sentence in Unnao rape case. The top court has remitted the case back to the high court for a fresh order.

“During the course of hearing, it transpired in the rival submissions that, in addition to the issues which have been prima facie judged by the High Court while passing the interim order, the suspension of sentence, there are several other issues which too require to be looked into even at this stage of passing an order on suspension of sentence. So, keeping this in mind, and without expressing any opinion on merits of the prayer for suspension of sentence, we allow this appeal in part, set aside the interim order and remit the case to the High Court…”, the Supreme Court said in its order.

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The court has asked the high court to decide the main appeal as early as possible and further added that if the high court finds that it is not likely to be decided early it may pass a fresh order on the suspension of sentence after hearing the parties.

The court passed the order while hearing the Central Bureau of Investigation (CBI)’s appeal challenging the bail granted to Sengar in the Unnao rape case. A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi heard the matter today.

Stay order: On December 29, 2025, the Supreme Court had stayed the High Court order suspending the life sentence of Sengar and granting him bail in the rape case, saying there are “various substantial questions of law which arise for consideration”.

“Issue notice…We find that there are various substantial questions of law which arise for consideration in this SLP (Special Leave Petition). We are conscious of the fact that ordinarily, when a convict/undertrial has been released on bail pursuant to an order passed by the trial court or High Court, such order should not be stayed by this court without hearing such person,” the bench had stated.

It further added, “In the peculiar circumstances of the case, we stay the operation of impugned order dated December 23, 2025 passed by the High Court. Consequently, the respondent shall not be released from custody pursuant to the impugned order”.

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