Bail Court Dada

IN THE COURT OF THE SESSIONS JUDGE RAIGAD ALIBAG. AT : ALIBAG. CRIMINAL MISC.APPLN.NO.

/2009

All Agriculturists All Residing at Mohagav, Tal. Panvel Dist. Raigad …………… Applicants. Versus The State of Maharshtra

……… Opponent.

Application for grant of Bail in connection with Panvel Twon Police Station CR NO. 468/2009 for the alleged offence under section 326, 143, 147, 148, 149, 427, 323, 504 of I.P. Code and under Section 37(1), 135 of Bombay Police Act.

MAY IT PLEASE YOUR HONOUR : The complaint is lodged by one Mahodeo Bhagwan Mhatre, resident om Mohagav, Tal. Panvel, alleging therein that there were election of Grampanchayat and the applicants herein are the members of the Congress party ant the complainant and others were members of Peasants and Workers Party and since the Candidate of P.W. Party was elected, it is alleged that the applicants accused herein were trying to raise quarrel on the election of Candidate of P.W. Party. It is alleged that at that time Ram Pundlik Mhasker, and Jaidas Maya Mhatre allegedly

assaulted the complainant with iron rod and also by stick and caused them injuries and also caused damage to the tiles of roof of the houses of the complainant and witnesses and it is alleged that when the Police Officers tried to intervene, stones were pelted at them. On the basis of said complaint, offence at Panvel Twon Police Station CR. No. 468/2009 for the alleged offence under section 326, 143, 147, 148, 149, 427, 323, 504 of of. I.P. Code and under Section 37(1), 135 of Bombay Police Act, was registered. The applicants accused who were already arrested in CR No. 468/2009 were got transferred into this offence and shown to have been arrested on 29/12/2008 and were remanded to Police Custody till 01/01/2009 and now they are in Magisterial Custody. The applicants accused herein had preferred application before the learned Magistrate at Panvel, for grant of bail, but the same was rejected. In the circumstances, the applicants accused prefer this application for grant of bail, on the following amongst other grounds : 1)

That the applicants accused are innocent and have not committed any offence.

2)

That there is absolutely no iota of evidence of alleged offence against the applicants accused.

3)

That the applicants are falsely implicated into the alleged offence.

4)

That the complaint is lodged merely out of political rivalry in between to groups.

5)

That from the contents of FIR it is seen that the dispute hat taken place in over Grampanchayat election.

6)

That the investigation of the alleged offence has been practically completed by Police.

7)

That the applicants accused were already arrested in connection with other offence and now they are transferred into the this offence.

8)

That no any incriminating article has been recovered at the instance of applicants accused.

9)

That injured witnesses have already been discharged form the Hospital.

10)

That the applicants accused are permanently residing at the address given herein above.

11)

That the applicants accused are ready and willing to furnish reasonable surety and ready to abide by terms and conditions.

12)

that no any other application for bail is filed in this Court or in Honourable High Court.

13)

That charge-sheet in not yet filed.

For these and other gorunds, it is prayed that the applicants accused may kindly be released on bail.

Alibag Date

Advocate for Applicants/accused.