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Interim Affidavit

The document is an application for interim bail submitted to the Honorable Session Judge of Pune by Mr. Parmanand Melhumal Jhamtani, who has been accused in a criminal complaint filed under Section 471 of the IPC. In the application, Mr. Jhamtani argues that the complaint filed against him by the state of Maharashtra and Nigdi Police Station is false and meant to harass him, as the issues in dispute are civil in nature. He further states that he has been discharged in an earlier related criminal case and that he is a law-abiding businessman who has been falsely implicated and does not require custodial interrogation for an offense that is triable by a JM

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Alpesh Thakkar
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312 views5 pages

Interim Affidavit

The document is an application for interim bail submitted to the Honorable Session Judge of Pune by Mr. Parmanand Melhumal Jhamtani, who has been accused in a criminal complaint filed under Section 471 of the IPC. In the application, Mr. Jhamtani argues that the complaint filed against him by the state of Maharashtra and Nigdi Police Station is false and meant to harass him, as the issues in dispute are civil in nature. He further states that he has been discharged in an earlier related criminal case and that he is a law-abiding businessman who has been falsely implicated and does not require custodial interrogation for an offense that is triable by a JM

Uploaded by

Alpesh Thakkar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IN THE COURT OF HONBLE SESSION JUDGE PUNE, AT

PUNE.
Cri.M.A.No._____/15
In CC NO . OF 2015.

Mr. Parmanand Melhumal Jhamtani


... APPLICANT

V/S

2) State of Maharashtra
Nigdi Police Station
..OPPONENT

Affidavit

I Shri Parmanand Melhumal Jhamtani Age: 58 yrs occu:


Business Residing at Survey No. 17/2 Aundh Ravet Road
Rahatani Pune 17. Do hereby state on solemn affirmation as
under:

APPLICATION FOR AD INTERIM BAIL

May it please your honor: The Applicant above named most respectfully submits as
under: 1.

Applicant is the Accused in the Criminal complaint Bearing


No.149/2015 and the said complaint is filed Under Section 471 of
IPC Filed before the Honble JMFC 4th Joint Morawadi Pimpri. The
Honble court has been pleased to order enquiry Under Section
156(3) of Cr.P.C. The Opponent No.1 is the complainant in the
original proceeding.

2.

The Applicant submits that Opponent No.1 has filed the Criminal
complaint wherein he has alleged that the Applicant has committed
an offence as he has preferred an application before Additional
Tehsildar for getting his name registered on 7/12 extract when
admittedly the Sale Deed on the basis of which the Applicant was
getting his name entered is made the subject matter by filing Private
Criminal Case and the second complaint has been filed just to
harass the Applicant.

3.

It is submitted that the Opponent No. 1 has admittedly executed


one Power of Attorney in favor of Mr. Karan Singhi and has received
consideration and on the basis of this Power of Attorney Applicant
has acquired his rights and admittedly the Opponent No. 1 has not
challenged his signature on this Power of Attorney and hence there
is no question of forgery being committed by the Applicant.

4.

The Applicant submits that already one Criminal Case is filed at the
instance of the Opponent No.1 by the complaint lodged by the Sub
Registrar in respect of this Power of Attorney and already the

Investigation Officer has been pleased to drop the proceeding


against this Applicant and again by making same Power of Attorney
the base of this complaint the Opponent No. 1 has filed this false
complaint.

5.

The Applicant submits that the earlier complaint of the Applicant


was that one of the executants of the Power of Attorney was expired
and for this allegation already the Applicant has been discharged
/dropped in the earlier Criminal Case but also from the Revenue
side IGR has given clean chit to this Applicant and said intimation
was given to this Police Station.

6.

The Applicants submits that if the documents are perused it is clear


that the dispute if at all any is purely Civil dispute but however to
harass the Applicants and to illegally extract more amount two
Criminal cases are filed by the Opponent No.1 & his mother on the
same set of facts.

7.

The Applicant submits that moreover the Opponent has filed Civil
Suit challenging the Power of Attorney and admittedly the same is
withdrawn by the Opponent No. 1 and obviously the fate of Civil
Suit was known to Opponent No. 1

8.

The Applicants submits that the Applicant is law abiding Citizens


and is settled business men.

9.

The Applicant submits that he is innocent and is falsely implicated


in this case and more ever the offence is J.M.F.C triable and it does
not require any custodial interrogation.

10.

The Applicants submits that he had bonafidely entered into the


transaction and having no intention of cheating. That the Applicant
will not be able to suffer the trauma of being arrested and being put
up in lock up. The contents of main application are taken as part of
this application.

11.

The Applicants submits that the main application may take


considerable time and in the mean while the Applicants have
apprehension that the Police might at any time arrest them.

12. It is therefore prayed that: a) That pending the decision of main application the Honble
Court may be pleased to grant Interim bail to the
Applicants.
b) Any other order in the interest of justice may kindly be
passed and obliged.

Whatever stated In Para no. 1 to 12 (a), (b),(c) is true and


correct according to my knowledge , believe and information.
Hence I have signed here under: -

Date:
Place:
Affiant

I know the affiant

Adv. Alpesh H Thakkar

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