CNR No. MHNS010017702022
Order below Exh.1 in Cri. Bail Application No. 471/2022
( Haribhau Madhavrao Jadhav Vs. State )
This is an application, for prearrest bail u/s. 438 of the Cr.P.C. from being arrested in complaint lodged by Baburao Harichandra Chavan and Dr. Ravindra Shanerrao Chavan.
2.The learned counsel Mr.U.R. Walzade for the applicant submit that, the complaint is lodged by Baburao Harichandra Chavan and Dr. Ravindra Shankarrao Chavan. The applicant is innocent person and
he has been falsely implicated. He is ready to cooperate in investigation and has got permanent place of residence at Nashik.
3.Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.10) adopted say filed by I.O. (Exh.9) and strongly objected this application.
4. Perused record. According learned Advocate of theapplicant, one application was submitted by
Baburao Harichandra Chavan and Dr. Ravindra Shankarrao Chavan against applicant in
respect of cheating and misappropriation of Rs. 90,00,000/.
5.Perused record. In this application vide order passed below Exh.4 on 11.04.2022 show cause notice issued and Say of D.G.P. was called. According to learned A.P.P. , Crime has not been registered so
far, against applicant. In the circumstances, the apprehension of arrest seems to be reasonable. Reliance can be placed upon, “Athar Badruzzama Khan vs. The State of Maharashtra, in Criminal
Anticipatory Bail Application No. 1799 of 2018 dated 05.09.2018, High Court Bombay”, wherein respondent was directed to issue 72 hours prior notice to the applicant grating protection against arrest. In the present case, interests of the applicant may be protected and this application can be disposed of.
Learned A.P.P. also acceded to the above principle of law to give 72 hours notice. In the result, I pass the following order.
ORDER
1. This application stands disposed of.
2.In the circumstances, the respondent police station is directed that, in the event, FIR is registered and it intends to arrest applicant Haribhau Madhavrao Jadhav, 72 hours prior notice in writing shall be
issued to applicant.
3.Inform the said order to the Investigating officer of the respondent.
Date :20.04.2022.
( S.T. Tripathi) Additional Sessions Judge 7, Nashik.