The High Court of Delhi suspended the life sentence of Kuldeep Singh Sengar pending appeal in the Unnao rape case, granting him bail under Section 389 CrPC. The Court examined whether the appellant could be treated as a “public servant” under the POCSO Act. It held that an MLA does not fall within the definition of “public servant” under Section 21 IPC, which POCSO adopts by reference. Consequently, conviction under Section 5(c) POCSO (applicable to public servants) was found prima facie unsustainable. On suspension of sentence, the Court noted that the appellant had already undergone over 7 years and 5 months of incarceration, meeting the minimum sentence prescribed under the pre-2019 POCSO regime. Given the delay in disposal of the appeal, continued incarceration would offend the right to speedy justice under Article 21. Addressing concerns of threat to the victim, the Court held that such risks can be mitigated through adequate police/CRPF protection and cannot, by themselves, defeat statutory bail rights. The Court clarified that issues on merits—such as age determination, alibi, or alleged investigative lapses would be decided at the final hearing. Accordingly, the sentence was suspended and bail granted subject to strict conditions.