Suzanne Lousie Martin
Vs. State of Rajasthan & ANR.  INSC 83 (16 January 2009)
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 ORDER 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 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.
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.
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 -3-
into custody forthwith. However, we would request the High Court to dispose of
the appeal expeditiously.