STATE OF GUJARAT Vs. JAGDISHBHAI CHINUBHAI SHRIMALI

JUDGEMENT

(1.) BY way of the present petition, the State of Gujarat has challenged the judgment and order dated 17.04.2012, passed by Additional Sessions Judge, Court No. 20, Ahmedabad (City), in Criminal Misc. Application No. 1235 of 2012, by which, the respondent was released on regular bail under the provisions of Section 439 of the Code of Criminal Procedure, 1973.

(2.) I have heard learned APP, Mrs. Hansa Punani for the State of Gujarat, learned Advocate Ms. Nisha M. Parikh who assisted Learned APP, appearing for the father of the deceased and learned Advocate Mr. Salim M. Saiyed for the respondent-accused.

(3.) IT is not a disputed fact that Kanchanben i.e. Original Complainant was not married to respondent. At her own will, she was residing with the respondent, since last four months prior to the incident. It is not a case of the deceased or not a case of relatives of the deceased that any dowry was demanded or any illegal demand was made by the respondent-accused from the deceased or from his family members. The complaint itself is very clear that except some dispute with regard to talking with other unknown person by deceased, there were no serious dispute between the deceased and accused person which would compel a person to commit suicide . It appears from the FIR as well as from the investigating papers that the respondent himself had tried to save the deceased in which he sustained burn injury on his hands. He immediately took to the deceased to the hospital for her treatment.