Shaikh Khaled Shaikh Jalil v. the State of Maharashtra and Another
Case brief
What is this about?
Anticipatory bail allowed by Aurangabad Bench of Bombay High Court (Nitin B. Suryawanshi, J.) in ABA No.110/2024, decided 15.04.2024. Offences: IPC Sections 188, 272, 273, 328; Food Safety and Standards Act, 2006 Sections 26(2), 27, 23, 30(2)(a), 59(iv); gutka/scened-tobacco seizure worth Rs.35,088 at Kinwat, Nanded. Key points: Section 328 IPC applicability pending before Apex Court; all other sections bailable; custodial remand futile after delay; State relied on Nagesh Rajshekhar Mense, 2023 (1) Bom.C.R.(Cri.) 572, but Apex Court interim protection in the challenged common order tipped the balance. Keywords: anticipatory bail, Section 328 IPC, scented tobacco, pan masala, Food Safety and Standards Act, Kinwat Police Station, interim protection, co-accused disclosure.
What did the court decide?
Anticipatory bail: interim protection granted earlier by order dated 05/03/2024 stands confirmed. Till filing of charge-sheet, the applicant shall attend the concerned police station as and when called by the investigating officer, co-operate in the investigation, not tamper with prosecution evidence and not indulge in similar offences.