Daily Nond No.

/2018

Date : 15/11/2018

Misc. Cri. App. No. /2018

IN THE HON’BLE COURT OF DISTRICT AND

SESSION JUDGE, SANGLI AT SANGLI…

1. Shri. Prakash Kallesha Patil

Age: 36 yrs., Occ: Agriculture

R/o. Yashwant Nagar, Sangli, ... Applicants

Tal. MIraj, Dist. Sangli.

Versus

State Of Maharashtra … Respondent

Application U/sec. 439 of Criminal Procedure

Code,1973 registered at Sangli Rural Police
Station in C.R. No. 158/2018, U/sec.170, 420, 419
of I.P.C.

The Applicants most humbly submits to the Hon’ble Court as under

that;

Brief Facts:-

It is alleged that on 19/06/2016 husband of complainant has died and

2 to 3 months after his death the complainant has received one letter from
one Ramesh Wadakar introducing himself as Supriedent, Solapur,
Maharashtra Government stating Ramesh Wadkar has asked husband of
complainant to look for some agriculture land at Village Tung. And
thereafter Ramesh Wadkar called the complainant and visited her and told
her that he is doing social work and asked whether anybody wants to do
government job and he will appoint them. Ramesh Wadkar further told the
complainant that there is recruitment for the post of clerk at Shirala and
Kolhapur and for the recruitment of the same he demanded Rs. 1,00,000/-
each for the post and accordingly in month of September 2016 complainant
has paid Rs. 55,000/- each for appointment of her and her sister in law for
the post of clerk. Thereafter 2 to 3 days complainant has received one
message on her mobile from sister of Ramesh Wadkar that Ramesh Wadkar
has died in an accident at Junoni.

Thereafter on 22/08/2018 complainant has read the news in

Daily News Paper "Pudhari" and she came to know that this Applicant has
cheated the complainant by personating himself as government officer. And
hence she lodged complaint on 23/08/2018. Accordingly an offence U/sec.

170, 420, 419 of I.P.C was registered against present Applicant bearing C.R
No. 158/2018 at Sangli Rural Police Station and This Applicant is arrested on
/10/2018 by Sangli Gramin Police Station and at present he is in Magisterial
Custody.

Hence the present Applicant were constrained to file this application

on following amongst other grounds that will be argued at the final hearing
of this application.

1. That this applicant has no concern with the present offence and
he has falsely involved in the present offence.

2. That The Applicant has been arrested merely on suspicious

ground as he was arrested in another crime of same nature. But
prima facie there is no any nexus to connect the applicant with
the present crime.

3. That alleged incidence is committed in June 2016 and since

then the complainant has no where complain about the present
offence. This goes to show that there is inordinate delay in
filling F.I.R. and hence the same is after thought.

4. That nothing incrimating is found in the custody of this

applicant nor is there any recovery at the hands of this
Applicant. Hence it goes to show that F.I.R. is lodged merely on
the suspious ground.

5. That the alleged offences leveled against the present Applicants

are excusive tri-able by Judicial Magistrate first class.
6. That investigation in the aforesaid crime has been completed,
hence there is no necessity of custodial interrogation of present
Applicants at the hands of Police.

7. That the Applicants undertake not to leave the territorial

Jurisdiction of this Hon’ble Court without its prior permission.

8. That the Applicants undertake neither to interfere nor to

tamper, any investigation or evidence respectively.

9. That the Applicants 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
anticipatory bail application.

10. The Applicants is local resident of Sangli and have movable and
immovable properties situated at said place and that there is no
chance of their absconding from law.

11. The Applicants undertakes that he will not disturb or indulge in

any untoward act of tampering with the prosecution evidence as
such.

12. No other bail application has been filed in any other court, than
the present application.

13 It is therefore most respectfully prayed that:-

(a) That this application for bail may kindly be allowed and the
Accused Applicants may kindly be ordered to be released on
bail.
(b) Such other orders may also be passed in favour of the Accused
Applicants as deemed fit and proper in the facts and
circumstances of the case and in the interest of justice.
Most respectfully submitted.

Sangli

Date: 15/09/2011 Advocate for Applicants

 Criminal. Misc. App. No. /2018

IN THE HON’BLE COURT OF DISTRICT AND SESSION

JUDGE, SANGLI , AT SANGLI .

1. Shri. Prakash Kallesha Patil … Applicant

V/s

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: 21/11/2018

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: 21/11/2018
 List Of Documents

Criminal. Misc. App. No. /2018

IN THE HON’BLE COURT OF DISTRICT AND SESSION

JUDGE, SANGLI , AT SANGLI

Shri. Prakash Kallesha Patil … Applicant

V/s

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 Original
Rural Police Station Cr. No.
158/2018
2.

3.

Total Documents filed :

Sangli
Dated: 21/11/2018 Advocate For Applicant
 Daily Nond No. /2018

Date : 15/11/2018

Misc. Cri. App. No. /2018

IN THE HON’BLE COURT OF DISTRICT AND SESSION

JUDGE, ISLAMPUR, AT ISLAMPUR

1. Shri. Prakash Kallesha Patil

Age: 36 yrs., Occ: Agriculture

R/o. Yashwant Nagar, Sangli, ... Applicants

Tal. MIraj, Dist. Sangli.

Versus

State Of Maharashtra … Respondent

Application U/sec. 439 of Criminal Procedure

Code,1973 registered at Islampur Police Station
in C.R. No. 366/2018, U/sec. 420, 467,468, 170 of
I.P.C.

The Applicants most humbly submits to the Hon’ble Court as under

that;

Brief Facts:-

It is alleged that on 04/01/2016 son of cousin brother of the

complainant has died and thereafter on 20th March 2016 cousin brother of
the complainant has received one letter from one Suresh Jadhav introducing
himself as Supriedent, Revenue Department, Maharashtra Government
stating marriage of her sister has fixed and he needs his help. Thereafter
complainant called Suresh Jadhav and informed him that son of his brother
is died in an accident. Hearing the news Suresh Jadhav visited the
complainant's cousin brother's house and consoled them and also stated
that marriage of her sister is fixed and he needs domestic utensils. After 4
to 5days he came with a vehicle and collected all the domestic utensils
worth Rs. 80,000/- from complainant and his cousin brother and when
complainant asked him about money he told them that he will pay the
money after withdrawing from ATM. He being officer of high rank they
trusted on him but Said Suresh Jadhav never returned back.

Thereafter on 17/08/2018 complainant has read the news in Daily

News Paper and she came to know that this Applicant has cheated the
complainant by personating himself as government officer. And hence
Compalainant has lodged complaint on 23/08/2018. Accordingly an offence

U/sec. 420, 467,468, 170 of I.P.C was registered against present Applicant
bearing C.R No. 366/2018 at Islampur Police Station and this Applicant is
arrested on /10/2018 by Islampur Police Station and at present he is in
Magisterial Custody.

Hence the present Applicant were constrained to file this application

on following amongst other grounds that will be argued at the final hearing
of this application.

1. That this applicant has no concern with the present offence and
he has falsely involved in the present offence.

2. That The Applicant has been arrested merely on suspicious

ground as he was arrested in another crime of same nature. But
prima facie there is no any nexus to connect the applicant with
the present crime.

3. That alleged incidence is committed in March 2016 and since

then the complainant has no where complain about the present
offence. This goes to show that there is inordinate delay in
filling F.I.R. and hence the same is after thought.

4. That nothing incrimating is found in the custody of this

applicant nor is there any recovery at the hands of this
Applicant. Hence it goes to show that F.I.R. is lodged merely on
the suspious ground.

5. That the alleged offences leveled against the present Applicants

are excusive tri-able by Judicial Magistrate first class.

6. That investigation in the aforesaid crime has been completed;

hence there is no necessity of custodial interrogation of present
Applicants at the hands of Police.

7. That the Applicants undertake not to leave the territorial

Jurisdiction of this Hon’ble Court without its prior permission.
8. That the Applicants undertake neither to interfere nor to
tamper, any investigation or evidence respectively.

9. That the Applicants 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
anticipatory bail application.

10. The Applicants is local resident of Sangli and have movable and
immovable properties situated at said place and that there is no
chance of their absconding from law.

11. The Applicants undertakes that he will not disturb or indulge in

any untoward act of tampering with the prosecution evidence as
such.

12. No other bail application has been filed in any other court, than
the present application.

13 It is therefore most respectfully prayed that:-

(c) That this application for bail may kindly be allowed and the
Accused Applicants may kindly be ordered to be released on
bail.
(d) Such other orders may also be passed in favour of the Accused
Applicants as deemed fit and proper in the facts and
circumstances of the case and in the interest of justice.
Most respectfully submitted.

Islampur

Date: 15/09/2011 Advocate for Applicant

 Criminal. Misc. App. No. /2018

IN THE HON’BLE COURT OF DISTRICT AND SESSION

JUDGE, ISLAMPUR, AT ISLAMPUR

1. Shri. Prakash Kallesha Patil … Applicant

V/s

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.

Islampur
Dated: 21/11/2018

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.

Islampur
Dated: 21/11/2018
 List Of Documents

Criminal. Misc. App. No. /2018

IN THE HON’BLE COURT OF DISTRICT AND SESSION

JUDGE, ISLAMPUR, AT ISLAMPUR

Shri. Prakash Kallesha Patil … Applicant

V/s

State of Maharashtra ..… Opponent

The following documents have been filed on behalf of the Accused

Applicant.

No. Description of The Document Date Remark

2. Certified copy of F.I.R. in Miraj Original
Rural Police Station Cr. No.
158/2018
2.

3.

Total Documents filed :

Islampur
Dated: 21/11/2018 Advocate For Applicant