ORDER :

ILESH J. VORA, J.

1. We have heard learned counsel Ms. Kruti Shah with Mr. Jay Shah, appearing for and on behalf of the applicant-convict, Mr. L.B. Dabhi, learned APP for the respondent-State and Mr. Nandish Thackar with Mr. Bhagirath Patel, learned counsel appearing for and on behalf of the respondent-complainant.

2. This fifth successive bail application is filed seeking suspension of sentence and grant of bail on the ground mentioned in the application.

3. The applicant–convict Narayan @ Narayan Sai, and others were chargesheeted for the offences punishable under Sections 376(2)(c), 377, 354, 504, 506(2), 508 and 323 of the IPC. He was tried and prosecuted by the 2^nd Additional Sessions Judge, Surat in Sessions Case No.141 of 2014. The learned Sessions Judge, after appreciation of the evidence, vide its judgment dated 30.04.2019, held guilty the applicant accused for the following offences and sentenced as under:

All the sentences ordered to be run concurrently.

4. Facts and circumstances leading to file this application are as follows:

4.1 That the prosecutrix along with her family members, in the year December-2001, participated in the religious discourses, which was organized at Jahangirpura Ashram, Surat. On the last day of the program, the convict applicant who is son of Shri Asharam, asked the prosecutrix to visit the Meghnagar Town in Jahabua District of Madhya Pradesh, since Ashram was to be built there and his religious discourse was also scheduled at Meghnagar.

4.2 That the prosecutrix along with other devotees went to Meghnagar from Surat. Thereafter, she was asked to visit Bihar to construct the Ashram there. The accused, after constructing the Ashram, was arrived for religious discourse and on the same day, the victim was called upon in the Kutir of Ashram where she was sexually molested by the convict applicant herein. Thereafter, the victim and others travelled to various cities of Bihar at the instance of convict for the work and while returning to Surat, Gujarat, the victim had participated in the program of convict at Mahashtra and then, she came back to Surat. There she was asked to visit, Kutiya of accused at Surat Ashram, where she was forced to indulge into the act of unnatural sex with the applicant who also thereafter, committed rape upon her. The prosecutrix then asked to visit Gambhoi Ashram situated at Himmatnagar where she was entrusted with the administration of the Ashram and coupled of weeks later, she was called upon by the accused with another devotee DW:10, to his Kutir (house) and he had engaged in polyamory, by engaging himself in the acts of sexual exploitation and rape.

4.3 In the aforesaid facts, the prosecutrix had left the Ashram in 2004, due to frustration and humiliation and continued act of sexual exploitation, however, having regard to the background of convict and his father, she had no courage to report to anyone including her parents who were staunch followers of the applicant and his father. However, after arrest of Asharam Bapu (father of the applicant) in an offence of similar nature, registered at Jodhpur, Rajasthan and rejection of his bail application upto the Rajasthan High Court, she mustered courage and lodged the FIR with Jahangirpura Police Station, Surat (Exh.384) on 06.10.2013, against the applicant – accused and others.

4.4 In the aforesaid facts and circumstances, upon due investigation of the case, chargesheet came to be filed against the applicant and others. The Sessions Court, Surat proceeded to record the evidence. At the conclusion of the trial, the Sessions Court held guilty the accused and others for the offences, as referred above.

5. Ms. Kruti Shah, learned advocate, while praying for suspension of sentence, made following submissions:

(A) That the applicant accused came to be arrested on 04.12.2023 and during the trial, he was not on bail and after judgment dated 30.04.2019, his total period of incarceration as on date is more than 12 years. In other word