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Daily Nond No.

/2019

Misc. Cri. App. No. /2019

IN THE HON’BLE COURT OF DISTRICT AND


SESSION JUDGE, SANGLI AT SANGLI…

1. Ramjan Salim Darwandar


Age: 19yrs., Occ: Private Job
R/o. Dargah Kaman Road,
Near Kabade wada, Miraj, Applicant
Tal. Miraj, Dist. Sangli

Versus

State Of Maharashtra … Respondent

First Bail Application U/sec. 439 of Criminal


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

Total 5 Documents filed :

Sangli
Dated: 04/04/2019 Advocate

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