The Delhi High Court on Friday observed that it will not hear Jaideep Sengar’s plea for suspension of sentence in the custodial death case of Unnao rape survivor’s father unless he surrenders himself to the authorities. 

Jaideep Sengar is the brother of expelled BJP legislator Kuldeep Singh Sengar and has been convicted in the case.

The Unnao rape survivor’s father was arrested at Kuldeep Sengar's behest, and he died in custody on April 9, 2018, due to police brutality. The Sengar brothers and others were convicted in the case by a Delhi court in March 2020 

A Division Bench Justice Navin Chawla and Ravinder Dudeja today noted that an order of interim suspension of sentence was passed in Sengar’s favour in July 2024 on medical grounds and it was last extended in April 2025. 

However, after that, the matter was listed on at least five occasions, but the order granting interim suspension of sentence was never extended and no request was made by the Sengar’s counsel to extend the order either, the Bench recorded.

The Court observed that law is equal for all and Sengar should have been declared an absconder for failing to surrender. There cannot be any presumed extension of order of interim suspension of sentence, the Court underscored. 

“You will immediately surrender. There is no question of presuming that your interim suspension of sentence has been extended... Law is equal for all. You have been told last time also that there is no extension. You should be declared an absconder because you have not surrendered. Till you surrender, there is no hearing.  You have taken for granted that your interim suspension of sentence has been extended,” the Bench remarked. 

Senior Advocate Pramod Kumar Dubey appeared for Sengar and stated that he is a stage IV cancer patient and has been receiving treatment. He added that at present, Sengar is in Kanpur and will surrender by tomorrow (Saturday). 

The Court then orally remarked that if Sengar does not surrender by tomorrow, the CBI may take appropriate action. 

The Bench then adjourned the case to February 24.