Order below Exh.01 in Cri.B.A.No.1184/2022 CNR No.MHNS010050832022

(Ganesh Rajaram Bhosale vs. State)

Ganesh Bhosale has preferred this anticipatory bail in connection with complaint filed with Nashik Road police station by Sharad Dnyaneshwar Ghuge contending that applicant cheated him and threatened him for life.

2.Bail application is filed on the ground that the applicant is innocent and falsely implicated in the case. He was partner with Ambadas Bhaskar Pagare in partnership firm i.e. Life Electricals.

This partnership firm was dissolved and accounts were settled.

However, Ambadas Pagare misused the cheques with him and gave it to Sharad Ghuge with whom the present applicant has no nexus.

Ambadas Pagare has forcibly taken Scorpio vehicle of the applicant.

False complaint is lodged with the police station to harass the applicant. Hence, has prayed for prior notice of 72 hours in case FIR is registered and occasion arises to arrest the applicant.

3. Notice of the bail application issued to the State who filed say stating that on 7.9.2022, Sharad Ghuge had filed application alleging cheating and threats by the applicant. No offence is registered.

4. Heard Ld.Adv.Mr.Avhad for the applicants and Ld. APP Mr.Kotwal for the State.

5. Admittedly, at this stage, no FIR is lodged against the applicant. It is settled principle that FIR is not condition precedent for preferring anticipatory bail. It is not in dispute that written complaint is preferred by Sharad Ghuge against the applicant for cheating and threatening him. The inquiry may go on at considerable length of time, till then the sword of facing prosecution will remain hanging. At this stage, as FIR is not lodged, some protection is required to the applicant. Hence, I proceed to pass following order :

ORDER

(1). Application is allowed.

(2). The Investigating Officer, Nashik Road police station, shall give 48 hours prior notice [excluding Court holidays] to the applicant Ganesh Rajaram Bhosale before causing his arrest in connection with FIR lodged by Sharad Dnyaneshwar Ghuge for the offence under Sec.420 and 506 of The Indian Penal Code.

Digitally signed by VARDHAN VARDHAN PRATAPRAO PRATAPRAO DESAI DESAI Date: 2022.09.28 17:16:37 +0530 Nashik. ( V. P. Desai) Date : 28.09.2022 Additional Sessions Judge, Nashik.