REPORTABLE IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.78 OF 2009     (Arising out of SLP(Crl.) No.6783 of 2008)

Suzanne Louise Martin ..Appellant

versus

State of Rajasthan & Another ..Respondents

O R D E R

Leave granted.

Heard learned counsel for the parties.

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 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.

We have  carefully  perused the  record in  this  case,  especially  the  first

information report bearing No.18 dated 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  

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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.

We have also perused the judgment of the trial  Court convicting the accused on

both counts and awarded life imprisonment under Section 376, IPC.

Under the circumstances, without expressing any opinion on the merits of

the dispute and culpability of the 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.

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  

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into custody forthwith.  However, we would request the High Court to dispose of the

appeal expeditiously.

.........................J.

[MARKANDEY KATJU]

NEW DELHI; ...........................J. JANUARY 16, 2009. [V.S.SIRPURKAR]