Shaikh Khaled Shaikh Jalil Vs the State of Maharashtra — Bombay HC (2024) — LawSathi Research

Shaikh Khaled Shaikh Jalil Vs the State of Maharashtra — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail: upon arrest in Crime No. 0278/2023, release on furnishing PR bond of Rs.1 lac with one or two sureties in the like amount, subject to conditions (attendance at police station when called, no tampering with evidence or influencing informant/witnesses, cooperation with investigation); order liable to cancellation on breach; application stands disposed of.

Issue for consideration

Whether anticipatory bail should be granted to the applicant apprehending arrest in connection with Crime No. 0278/2023 (Kinwat Police Station, District Nanded) for offences under sections 34, 188, 273, 328 IPC and sections 26, 27, 30(2)(a), 59 of the Food Safety and Standards Act, 2006. +1 more

Court's answer

The anticipatory bail application is allowed: in the event the applicant is arrested in Crime No. 0278/2023, he shall be released on furnishing a PR bond of Rs.1 lac with one or two sureties in the like amount, to the satisfaction of the trial Court.

Ratio / Principle

Except Section 328 of the Indian Penal Code, all other offences in the crime are bailable — a position not disputed by the learned APP — and the matter pertains to seizure of tobacco and tobacco products including Gutkha; this aligns with the relied-upon judgments in identical fact situations where applicability of Section 328 IPC [123 BNS] was doubted and anticipatory bail was granted.

Key takeaways

Conditional grant: the applicant shall attend the concerned Police Station as and when called by the Investigating Officer, shall not tamper with prosecution evidence nor influence the informant/witnesses, and shall cooperate with the investigation and trial; violation of any condition makes the order liable to cancellation, and the observations are limited to disposal of this application, the trial Court proceeding uninfluenced thereby.ratio¶25

Detailed headnote1 paragraphs

ANTICIPATORY BAIL ALLOWED — Tobacco/Gutkha seizure case (Crime No. 0278/2023, Kinwat P.S., Dist. Nanded; IPC ss.34, 188, 273, 328; FSSA 2006 ss.26, 27, 30(2)(a), 59): Relying on Gaurav Jayantbhai Hapani (ABA 3406 of 2022, dt.19.01.2023, this Court) and Eknath Bhalchandra Patil (SLP (Cri.) 8698/2023, dt.28.07.2023, Hon'ble Supreme Court), in identical fact situations of seizure of tobacco and tobacco produces/products including Gutkha where applicability of S.328 IPC [123 of the Bhartiya Nyaya Sanhita] is doubted, and noting that except S.328 IPC all other offences are bailable (undisputed by the APP), the Court allowed the application: on arrest, release on PR bond of Rs.1 lac with one or two like sureties; conditions — attend police station when called, no tampering with evidence or influencing informant/witnesses, cooperation with investigation and trial; breach renders the order liable to cancellation; observations limited to disposal of this application, the trial Court to proceed uninfluenced.

2024:BHC-AUG:26882

1

1598.24ABA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

921 ANTICIPATORY BAIL APPLICATION NO.1598 OF 2024

SHAIKH KHALED SHAIKH JALIL VERSUS

THE STATE OF MAHARASHTRA

Advocate for the applicant : Adv.S.G.Sonawane APP for Respondent-State : Mr.G.O.Wattamwar

CORAM : ARUN R. PEDNEKER, J. DATE : 14.11.2024

P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No. 0278/2023, registered with Kinwat Police Station, Kinwat, District Nanded, for the offences punishable under sections 34, 188, 273, 328 of Indian Penal Code and sections 26, 27, 30 (2) (a), 59 of the Food Safety and Standards Act, 2006.

3] Considering the judgment of this Court in the case of Gaurav Jayantbhai Hapani Vs. The State of Maharashtra in Anticipatory Bail Application No.3406 of 2022, decided on 19.01.2023 and also the order passed by the Hon’ble Supreme Court in the case of Eknath

2

1598.24ABA

Bhalchandra Patil Vs. The State of Maharashtra in Petition (s) for Special Leave to Appeal (Cri.) No. 8698/2023, decided on 28.07.2023 wherein in identical fact situation, the Hon’ble Supreme Court so also this Court in the above noted judgments has observed that applicability of Section 328 of Indian Penal Code [123 of the Bhartiya Nyaya Sanhita] is doubted in the case of seizure of tobacco and tobacco produces including Gutkha and anticipatory bail has been granted. In the instant case also, except Section 328 of the Indian Penal Code, all other offences are bailable and the same is not disputed by the learned APP and the matter pertains to seizure of tobacco and tobacco products including Gutkha.

4] In view of the above, the application is allowed in the following terms :

i] In the event the applicant is arrested in connection with Crime No. 0278/2023, registered with Kinwat Police Station, Kinwat, District Nanded, for the offences punishable under sections 34, 188, 273, 328 of Indian Penal Code and Sections 26, 27, 30 (2) (a), 59 of the Food Safety and Standards Act, 2006, he shall be released on bail on furnishing PR bond of Rs.1 lac with one or two sureties in the like amount to the satisfaction of the trial Court.

3

1598.24ABA

ii] The applicant shall attend the concerned Police Station as and when called by the Investigating Officer.

iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

5] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

6] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

7] The application stands disposed of.

DDC

[ARUN R. PEDNEKER] JUDGE