Mr. Ramestha Dher, a patwari of a village, is put up for trial of an offence under section 409 of Indian Penal Code (Criminal breach of Trust by a Public Servant). He is being prosecuted for non-deposition of the collect
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2023
Mr. Ramestha Dher, a patwari of a village, is put up for trial of an offence under section 409 of Indian Penal Code (Criminal breach of Trust by a Public Servant). He is being prosecuted for non-deposition of the collected land revenue of ₹ 1,000/- to the Government Treasury. An offence under section 409 is a non-bailable offence. The accused, an under-trial prisoner, is now 60 years old man. Draft a bail application on behalf of Mr. Ramestha Dher.
Answer & Explanation:
IN THE COURT OF THE JUDICIAL MAGISTRATE, F.C., _________ Misc. Application No. _________ of 2023 In C.R. No. _________ of 2023 of Police Station _________ /Cri. Case No. _________ of 2017 State of _________ ...Complainant Versus Mr. Rameshtha Dher ...Accused FIR No. _________ U/S 409 P.S _________ Application for bail under Section 437, Cr. P. C. May it please your honour The accused was arrested by the _________ Police Station on _________ under section 409 of Indian Penal Code, 1860, and is in Police custody for the last ten days. The main allegation is that the accused who is a patwari of _________ village, in the capacity of a public servant has failed to account for a paltry sum of ₹ 1,000/- (One Thousand Only) to Government treasury, and has thereby committed criminal breach of trust. Though the offence is a non-bailable one, yet considering such a small amount involved, it is highly improbable that he would even think of misappropriating such a paltry sum. There must by some honest mistake on the part of the accused concerned which can well be attributed to his old age. The accused is a respectable family man and has roots in his society. The accused has immovable property of his own and he is not likely to abscond. Under the above circumstances, it is requested that the accused may be released on bail. The accused is ready and willing to give such surety as the court would be pleased to order. And for this Act of Kindness the accused as in duty bound shall ever pray. Place: _________ Date: _________ Sd/- Advocate for Accused
Topics: Pleadings
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