The Delhi High Court has rejected the plea to suspend the 10-year sentence of Jaideep Singh Sengar, the brother of expelled BJP MLA Kuldeep Singh Sengar.
Jaideep was convicted in March 2020 for his involvement in the death of the father of the 2018 Unnao rape victim.
The court, led by Justice Swarana Kanta Sharma, dismissed Jaideep's application seeking suspension of his sentence during the pendency of his appeal.
The decision was made considering factors such as his medical condition, the severity of the offence, and public confidence in the judiciary.
While in custody, Jaideep claimed to be diagnosed with oral cancer and received interim bail in November 2020, extended until January 18 last year.
The court had temporarily suspended his sentence in June, citing his fragile health, a measure that was subsequently extended.
Despite arguments for parity with the five co-accused persons whose sentences were suspended, the court found no merit in Jaideep's plea.
The Central Bureau of Investigation (CBI) opposed the plea, saying that he had served only about 30 per cent of his ten-year sentence.
The court, after reviewing AIIMS' medical report, concluded that Jaideep's health condition did not warrant relief from serving his sentence in jail.
The observations made by the court clarified that they should not be construed as an opinion on the merits of the case.
The high court has now scheduled Jaideep's appeal against the sentence and conviction for a hearing on May 5.
The trial court had convicted Kuldeep Sengar on December 16, 2019, under various provisions of the IPC and also imposed a fine of Rs 25 lakh on him.
The trial started on August 5, 2019, after the Supreme Court on August 1 directed to transfer all five cases related to the matter from Unnao to Delhi.
The top court had directed to hold trial on a daily basis and complete it within 45 days.
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