The Delhi High Court has declined to suspend the sentence of Jaideep Singh Senger, the brother of expelled BJP MLA Kuldeep Singh Senger, who was convicted for his role in the death of the father of the Unnao rape victim in 2018. Justice Swarana Kanta Sharma dismissed Jaideep Singh Senger's application seeking the suspension of his 10-year sentence, which was imposed in March 2020, while his appeal was pending.
Jaideep Singh, along with Kuldeep Singh Senger and five others, was convicted by the trial court in 2020. He argued that he had been diagnosed with oral cancer while in custody and had been under the observation and supervision of doctors at AIIMS. Jaideep Singh had been granted interim bail in November 2020 due to his medical conditions, and this interim bail had been extended multiple times until January 18 of the following year.
In June of that year, the court suspended his sentence for 8 weeks, citing his fragile medical condition, and later extended the suspension. Subsequently, Singh was released from prison. The plea for suspension of sentence was based on the argument that since the sentences of five co-accused persons had been suspended, Jaideep Singh deserved similar relief on the grounds of parity.
However, the Central Bureau of Investigation (CBI) opposed the plea, pointing out that Singh had served only about 30% of his sentence, equivalent to three years out of the ten-year term. Justice Singh, in considering the case, found no merit in Jaideep Singh's plea for the suspension of the sentence and consequently dismissed it.
The court's decision took into account various factors, including the period of custody already served by Singh, his medical condition, the gravity of the offense he committed, and the impact on public confidence in the judicial system. The court noted that the appellant had been in judicial custody for approximately three years, which was less than half of the total sentence imposed. Consequently, the court held that Jaideep Singh could not seek relief on the grounds of parity.
The court emphasized that the medical report indicated that Jaideep Singh's condition was not of such severity that he couldn't serve the imposed sentence in jail. The decision was grounded in a comprehensive evaluation of the circumstances surrounding the case, taking into consideration both legal and medical aspects.
This case has garnered attention not only due to the involvement of the expelled BJP MLA Kuldeep Singh Senger but also because of the heinous nature of the crimes committed against the Unnao rape victim and her family. The court's decision reflects a careful balancing act between the health concerns of the convict and the need to uphold the rule of law and maintain public trust in the justice system.
TAGS: Delhi High Court Jaideep Singh Senger Kuldeep Singh Senger Unnao rape case Sentence suspension Father's death Justice Swarana Kanta Sharma
