Procedure Code,1973 for the offence registered at Miraj City Police Station in C.R. No. 161/2019 U/sec. 307, 143, 147, 148, 149, 323, 324, 506 and U/Sec. 37, 135 of Maharashtra Police Act.
The Applicant most humbly submits to the Hon’ble Court as
under that:-
1) That an offence U/sec. 307, 143, 147, 148, 149, 323, 324, 506 and U/Sec. 37, 135 of Maharashtra Police Act has been registered in Crime Reg. 161/2019 dated 23/03/2019 by Miraj City Police Station against the present applicant. 2) The Brief facts of the case are as under-
It is alleged that on 23/03/2019 at about 7:30 p.m. when complainant
and his family members were watching television accused No. 1 by Name Matin Kazi with another co-accused no. 2, 8 and 12 came there and asked them to come out and threatened them. It is further alleged that when complainant came out of his house these co-accused has wooden batten of centring work in their hand and accused Raju Shaikh has pulled down Siiddik Mulla by pulling his color and Accused Matin Kazi Put his feet over his Head. Further it is alleged in the FIR that when complainant, his family members tried to rescue Siddik Mulla; Matin Kazi hitted left side of his forehead with wooden Batten in his hand Accused Subhan Kandekari has hitted his brother Ejaz on back side of head with wooden Batten of centring work. It is further alleged that another accused Shoab Kazi and Mujib Kazi has pelted stone and thereby injured complainant and also assaulted his mother. Thereafter complainant along with his brother Ejaz, Mother Ruksana and Father Farukh came to police station to lodge complaint. Thereafter police officials send them to Civil Hospital for treatment and accordingly Police officials of Miraj City police station registered the crime bearing C.R No. 161/2019 U/Sec. 307, 143, 147, 148, 149, 323, 324, 506 and U/Sec. 37, 135 of Maharashtra Police Act.
Afterward on 26/03/2019 Applicant was arrested in connection with the
present crime and Hon'ble J.M.F.C, Miraj has remanded the present Applicant to police custody till 01/04/2019 and on 01/04/2019 Hon'ble court has remanded Accused Applicant to magistrate Custody and at present Accused Applicant is in Magistrate Custody.
Hence the applicant begs to prefer this bail application on following
amongst other grounds that will be argued at the final hearing of this bail application.
1. That the Applicant involved in a false case as he has no concern with
the present crime. Only with the personal grudge this complainant has involved the name of this Applicant in this offence. 2. That on bare perusal of the F.I.R. it discloses that there is no any active participation of this applicant nor is there an overt act on the part of this applicant to involve the accused in the present crime.
3. That prima facie F.I.R. discloses that this applicant was a mere spectator and no overt act what so ever has been attributed to the present applicant.
4. That taking in to consideration the totality of the circumstances by no
stretch of imagination it can be said that the applicant can be held guilty of the offence punishable u/sec 307 of I.P.C.
5. That at the time of occurrence of the incidence this applicant is not at
all present on the scene of offence as on the relevant he was present on his duty at Miraj Railway Station Parcel Office when the offence has occurred.
6. That Prima facie F.I.R. in the present case discloses the incident has taken place in an instant and on sudden and grave provocation of complainant and his other family members with other co accused and therefore it cannot be said each applicant shared common intention with the others.
7. That complainant and other injured Ejaz has taken treatment at Civil Hospital as an outdoor patient and medical certificate issued by the concerned hospital discloses that injuries sustained by the complainant and one Ejaz are simple injuries.
8. That the weapons of assault used by co accused were already
recovered and nothing is to be recovered at the hand of this accused hence, there is no proprietary to keep Applicant behind bars.
9. That the applicant undertakes neither to interfere nor to tamper, any
investigation or evidence respectively, if release on bail. 10. That the applicant is ready and willing to obey and abide themselves with any or all condition which this Hon’ble Court may consider proper to impose upon them while allowing this bail application.
11. This is the first bail application of the present applicant and he has not filed any bail application in any other Court of law.
12. Therefore the accused applicant pray's that,
a) This application of bail kindly be allowed and applicant be directed to release on bail forthwith upon furnishing surety of order amount.
b) Any other just and equitable order may be passed in favour of
accused applicant.
Most respectfully submitted.
Sangli
Date: 04/04/2019
(Advocate for Applicant)
Criminal Miscellenious Application No. /2019
IN THE HON’BLE COURT OF DISTRICT AND
SESSION JUDGE, SANGLI AT SANGLI…
Ramjan Salim Darwandar … Applicant
Versus
State of Maharashtra ..… Opponent
AFFIDAVIT Herein I, Shri. Serab Abdulmunaf Mushrif, Age: 31 yrs. Occ.: Advocate, R/o. Mali Galli, Dargah Chowk, Miraj do hereby states on solemn affirmation as under that, As per the information and instruction received from our client that no other bail application is pending in other Court or filed in any other Court, other than the present bail application and at present this accused Applicant is in magistrate custody. The contents of above affidavit are true and correct as per best of my knowledge and belief. Hence the affidavit.
Sangli Dated: 04/04/2019
VERIFICATION I, Shri. Serab Abdulmunaf Mushrif, Age: 31 yrs. Occ.: Advocate, R/o. Mali Galli, Dargah Chowk, do hereby states solemn affirmation as under that the contents of above affidavit are true and correct as per best of my knowledge and belief. Hence the verification.
Sangli Dated: 4/04/2019 List Of Documents
Cri. Misc. App. No. /2019
IN THE HON’BLE COURT OF DISTRICT AND
SESSION JUDGE, SANGLI AT SANGLI…
Ramjan Salim Darwandar … Applicant
Versus
State of Maharashtra ..… Opponent
The following documents have been filed on behalf of the Accused
Applicant.
No. Description of The Document Date Remark
1. Certified copy of F.I.R. in Miraj 10/01/2019 Original City Police Station Cr. No. 20/2019 2. Certified Copy of Attendance Register where this applicant works 24/03/2019 certified
3. Identity Card of applicant
------- Xerox 4. Medical Certificate of Complainant 23/03/2019 Xerox 5. Medical Certificate of Injured Ejaz 23/03/2019 Xerox
