Supreme Court has set aside the High Court order for the grant of bail to Kuldeep Sengar. Supreme Court has directed the Delhi High Court to dispose of the case in two months time. Lower court had convicted and awarded a life sentence to Sengar. The Delhi High Court which gave relief to Sengar, stayed the sentencing and said the verdict will be decided later. The High Court granted bail to Kuldeep Singh Sengar and suspended life sentence of him. Previously Supreme Court had stayed the HC order on the CBI appeal. A bench of CJI Surya Kant and Justice Joymalya Bagchi directs the Delhi High Court to re-examine the matter within two months. Court also said that the setting aside of earlier order must not influence the court in deciding the main appeal.In the Unnao rape case, Supreme Court ordered Delhi High court to dispose of the main appeal within two months. It further said that if the High Court comes to the conclusion that speedy decision is not possible, it can pass a new order on the question of suspension of sentence after hearing the parties and complainant's lawyer. CBI filed the petition for the suspension of sentence granted to Kuldeep Singh Sengar. In December last year the apex court had stayed the order of HC on suspending sentence of Sengar.Is MLA a public servant?Solicitor general Tushar Mehta representing the CBI said that he has appeal to be heard in the High Court on 25th and he is ready for that. Lawyer representing Sengar said that he is not trying to delay the appeal to be decided. However, since the suspension order has been stayed, he is able to prove that victim was not a minor. He added that on this very reason he will be put in custody for he is MLA, thus public servant and the question here is whether MLA is a public servant? The Delhi High court had granted bail to Kuldeep Singh Sengar suspending his life sentence. Supreme Court has set aside the order that granted bail. Previously, SC had stayed the HC order on CBI appeal.
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