Apex Court Intervenes Due to Unique Circumstances; Affirms Victim's Right to Appeal
In a significant legal intervention, the Supreme Court of India has stayed the order of the High Court that granted bail to Kuldeep Singh Sengar, a former politician convicted under Section 304 Part II of the Indian Penal Code (IPC). The decision was rendered by a bench comprising Chief Justice of India Surya Kant, and Justices J.K. Maheshwari and Augustine George Masih.
The Central Bureau of Investigation (CBI) had filed a Special Leave Petition challenging the High Court's decision to release Sengar on bail. During the proceedings, the Additional Solicitor General of India represented the CBI, while senior counsel advocated for the respondent, Sengar.
The Supreme Court noted that the case presented unique factual circumstances that warranted intervention. Sengar, who is currently serving a sentence for a separate conviction under Section 304 Part II IPC, remains in custody. The Court highlighted that in such exceptional scenarios, a bail order could be stayed even if typically, bail orders are not stayed without hearing the convict.
The bench directed that the operation of the High Court's order dated December 23, 2025, be stayed, effectively ensuring that Sengar remains in custody. This decision underscores the judiciary's careful consideration of the interplay between bail rights and the broader implications of a convict's continued incarceration in light of separate convictions.
Additionally, the Supreme Court affirmed the victim's statutory right to file a separate special leave petition. The bench clarified that the victim does not require permission from the Supreme Court to pursue such an appeal. Recognizing the need for accessible legal recourse, the Court also mandated that the Supreme Court Legal Services Committee provide free legal aid to the victim if required.
The matter is scheduled for further proceedings on January 20, 2026, during which the Court will continue to deliberate on the substantive legal questions posed by the case.
Bottom Line:
Supreme Court stays High Court order releasing convict on bail, considering unique circumstances where the convict is separately convicted under Section 304 Part II IPC and remains in custody.
Statutory provision(s): Section 304 Part II IPC, Criminal Procedure Code (related to bail), Victim’s Rights under Criminal Procedure.
Central Bureau of Investigation v. Kuldeep Singh Sengar, (SC) : Law Finder Doc id # 2829205
