Order below Exh.01 in Cri.B.A.No.1673/2020 CNR No.MHNS010045542020

(Hemlata Ashok Jadhav etc.2 vs. State)

Heard Ld. Advocate Mr.Ashish Chavan for the applicants and Ld.APP Mr.Tambe for the State. The allegations faced by the applicant Nos.1 and 2 are that initially they were employed as teachers with Ghatandevi Shikshan Prasarak Mandal and subsequently, without submitting their resignation they have taken up job with Punyatma Prabhakar Sharma Seva Mandal Trust of which, applicant No.3 is one of the trustee.

2.This particular FIR was registered CR No.71/2018 for the offence punishable under Sec.420, 468,471 was registered on the basis of directions given by Ld. Magistrate under Sec.156(3) of Cr.P.C. on the M.A. lodged by Gulab Ramdas Sonar who is Secretary of Ghatandevi Shikshan Prasarak Mandal. It is matter of record that the accused persons approached Sessions court challenging the order passed by the Ld. JMFC directing investigation by filing Criminal Revision Application No.173/2018. The Then Sessions Judge stayed order under challenged by observing that there is no specific allegations against Revision ­petitioners. Complaint is about maintenance of record. The order of stay is still in existence. The outcome of the revision is still not known. Almost three years are passed after the stay order, but still the stay is prevailing. At this stage, the applicants may not have apprehension of immediate arrest. Considering the pendency of the revision application No.173/2018, the bail application can not be decided on its merit.

But still there will be hanging sword on the heads of applicants, more particularly, applicant No.3 who is 80 years old. Hence, considering these factors, following order is passed.

ORDER

(1). Application is partly allowed.

(2) The Investigating Officer shall give 72 hours prior notice excluding Court holidays to the applicant No.1 Smt.Hemlata Ashok Jadhav, applicant No.2 Siddharth Ashok Bhoir and applicant No.3 Smt.Shitala Kishor Pandit before causing their arrest in connection with FIR No.71/2018 registered with Igatpuri police station on the basis of directions given by Ld. JMFC to investigate the contents of M.A. filed by Gulab Ramdas Sonar.

Vardhan Digitally signed by Vardhan Prataprao Prataprao Desai Desai Date: 2021.02.10 15:27:52 +0530 Nashik. ( V. P. Desai) Date : 10.02.2021 Additional Sessions Judge, Nashik.