Court Grants Limited Interim Bail to Convicted Criminal for Medical Treatment.
20 December 2024
Bail and Antcipatory Bail >> Criminal Law | Rape >> Criminal Law
In a recent decision, the Delhi High Court has granted a limited extension of interim bail to Kuldeep Singh Sengar, a convict in a high-profile sexual assault case. The decision, made on 27th December 2024, follows an earlier release of the appellant on medical grounds, and it allows Sengar to receive medical treatment while adhering to strict conditions set by the court.
Background of the Case:
Kuldeep Singh Sengar, who was convicted for offences under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act, was sentenced to life imprisonment on 20th December 2019. He was found guilty of abduction, rape, and other sexual offences, which involved a minor. Additionally, the court imposed a hefty fine of Rs. 25,00,000 and ordered Rs. 10,00,000 as compensation to be paid to the mother of the survivor.
In December 2024, following multiple medical reports that raised concerns about Sengar’s health, the High Court granted him interim bail. The bail was primarily on medical grounds, as the appellant was suffering from several chronic conditions, including diabetes, hypertension, asthma, and eye-related issues, among others.
Medical Evaluation and Treatment:
Following his release on interim bail, Sengar was admitted to AIIMS (All India Institute of Medical Sciences) in New Delhi for a comprehensive medical evaluation. A detailed report from AIIMS, dated 17th December 2024, assessed Sengar's multiple health issues, including bilateral cataract, retinal tears, hemorrhoids, and chronic anxiety. The medical board at AIIMS confirmed that Sengar’s health was stable and that necessary interventions, such as laser therapy and hemorrhoid banding, had already been administered. The board recommended follow-up treatment, including a retinal examination and management of his diabetes and hypertension, to be conducted at a local medical facility.
Despite these findings, concerns were raised about Sengar’s conduct during his hospital stay. A report from AIIMS highlighted that the appellant had been receiving a large number of visitors, which was impacting his medical care and disrupting hospital operations. Consequently, the AIIMS medical board recommended tighter security measures for the duration of Sengar’s stay.
Court’s Decision on Interim Bail Extension:
While the medical report indicated that Sengar’s condition had stabilized, the High Court was cautious in granting further relief. The court noted that Sengar's health issues, including his eye treatment and scrotal pain, required ongoing attention, but the extension of bail requested by the appellant was excessive.
Considering the medical facts and the threat the appellant posed to the survivor and her family, the court decided to extend the interim bail by one month instead of the five months requested by the appellant’s counsel. The appellant, Sengar, was directed to adhere to a set of strict conditions during this period:
He must reside at a specified address in Safdarjung Enclave, Delhi, with 24-hour police security.
Sengar is prohibited from leaving Delhi or changing his residence without prior permission from the court.
He is allowed to visit AIIMS for follow-up treatment but must restrict visitors to no more than two at a time.
The CBI will monitor his movements daily, and he must inform the authorities of any changes in his contact information.
If Sengar wishes to hire a nurse or attendant, only one person is allowed.
The court also set a date for his mandatory surrender before the concerned Jail Superintendent on 20th January 2025. No further extensions would be granted beyond this period.
Survivor’s Lawyer’s Opposition:
The survivor’s legal counsel opposed the appellant's application for extended interim bail, citing concerns that Sengar's release posed a risk to the survivor and her family, given his prior conviction and the nature of the crimes committed. The counsel also highlighted concerns about the appellant’s lack of discipline during his medical stay, referencing the high volume of visitors he received at AIIMS, which could compromise his treatment and the safety of those involved in the case.
Conclusion:
The case involving Kuldeep Singh Sengar is a complex one, marked by both serious criminal charges and health-related issues. While the court recognized the appellant’s medical needs, it also emphasized the importance of ensuring the safety and well-being of the survivor and her family. The limited extension of bail provides Sengar an opportunity for continued medical treatment while also ensuring that strict measures are in place to prevent any risk to the survivor or her family members.
The matter will be listed for further hearing on 27th January 2025, and the appellant is expected to surrender on 20th January 2025.
Protection of Children from Sexual Offences Act, 2012