[2009] 1 S.C.R. 359

SUZANNE LOUISE MARTIN A

STATE OF RAJASTHAN & ANR.

(Criminal Appeal No. 78 of 2009)

JANUARY 16, 2009 B

'J,'.

[MARKANDEY KAT JU AND V.S. SIRPURKAR, JJ.]

CODE OF CRIMINAL PROCEDURE, 1973:

s. 389 - Grant of bail and suspension of sentence - c Conviction and sentence of imprisonment for life awarded by trial court uls 376 /PC - Pending appeal High Court granting bail and suspending the sentence - HELD: This was not a fit case where the sentence awarded should have been suspended and accused released on bail - High Court was D totally unjustified in granting bail to the accused, or in suspending the sentence - Order of High Court set aside - Bail granted to accused cancelled - Penal Code, 1860 - s.376.

CRIMINAL AP PELLA TE JURISDICTION : Criminal Appeal E No. of 78 of 2009.

From the final Judgment and Order dated 29.7.2008 of the High Court of Judicature at Jodhpur in D.B. Criminal Misc. Bail Application/Suspension of sentence Petition No. 712 of 2008 in D.B. Criminal Appeal No. 344 of 2008.

F Vikram Choudhary and Nikhil Jain (for Ajay Pal) for the Appellant.

Jatinder Kumar Bhatia, Rajendra Singhvi and K.K.L.

Gautam (for Brij Bhusan), for the Respondents.

The Order of the Court was delivered G

ORDER

1. Leave granted.

2. Heard learned counsel for the parties.

359 H

' .

SUPREME COURT REPORTS


3. This Appeal has been filed against the order dated 29.07.2008 passed by the Division Bench of the High Court of Judicature for Rajasthan at Jodhpur in D.B. Criminal Miscellaneous Bail Application/Suspension of Sentence Petition No. 712 of 2008 in D.B. Criminal Appeal No.344 of 2008

B whereby the High Court has suspended the sentence awarded to the accused-respondent No.2 under Section 389, Cr.P.C. and granted him bail on certain conditions. .,.

4. We have carefully perused the record in this case, especially the first information report bearing No.18 dated c 9.1.2008 registered under Sections 376 & 450 of the Indian

Penal Code at Police Station Ambamata District, Udaipur in which serious allegations have been made against the respondent-accused. The appellant is a British journalist and business woman. She had come to India and was staying in

Pardeshi Guest House, Udaipur. On 23/24.12.2007, the respondent No.2, who was running the guest house, barged ...... into the room where the appellant was staying and forcibly raped her. She has alleged that because of this incident she was emotionally, mentally and physically wrecked and became totally uncapicitated to even think and act like a normal human being.

E We have also perused the judgment of the trial Court convicting the accused on both counts and awarded life imprisonment under Section 376, IPC.

5. Under the circumstances, without expressing any opinion on the merits of the dispute and culpability of the F accused, we are certainly of the opinion that this was not a fit case where the sentence awarded should have been suspended and the accused released on bail. The High Court was, thus, totally unjustified in granting bail to the accused, or in suspending the sentence.

6. Accordingly, we accept this appeal, set aside the impugned judgment of the High Court and cancel the bail granted to the accused-respondent No.2. He shall be taken into custody forthwith. However, we would request the High Court to dispose of the appeal expeditiously.

H RP.

Appeal disposed of.