SC grantes anticipatory bail with condition that he refrains from selling Tobacco

SC grantes anticipatory bail with condition that he refrains from selling Tobacco

The Supreme Court recently granted anticipatory bail to a person implicated in a case involving allegations of poisoning, under the condition that he ceases any involvement with pan masala containing tobacco or gutka

A bench comprising Justices Sanjiv Khanna and SVN Bhatti has also made permanent a previous order granting interim pre-arrest bail to the accused individual.

"It is deemed appropriate to impose the condition – 'I, Abhijeet Jitendra Lolage do undertake to not deal with Gutkha, that is, Pan Masala with Tobacco'. In case, the appellant - Abhijeet Jitendra Lolage violates the terms and conditions of bail, including the undertaking imposed, it would be open to the prosecution to seek cancellation of bail. It is clarified that the observations recorded in the signed order will not be treated as findings on the merits of the case," the Court ordered.

The Court overturned a ruling by the Bombay High Court in January, where the High Court had refused to grant anticipatory bail to the accused.

The accused had also faced charges under Section 188 of the Indian Penal Code (disobedience of an order duly promulgated by public servants) and various provisions of the Food Safety and Standards Act.

In February, the Supreme Court had issued a directive for his release on interim bail, subject to the conditions set by the trial court, in accordance with Section 438(2) of the Criminal Procedure Code.

Click here to Read/Download the Order

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