Madhya Pradesh High Court
Ashok Samadhiya vs The State Of Madhya Pradesh on 1 June, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
MCRC No.21131/2021
Ashok Samadhiya vs. State of M.P.
Heard through Video Conferencing
Gwalior, Dated : 01.06.2021
Shri Pratip Visoriya, Counsel for the applicant.
Shri B.P.S. Chauhan, Public Prosecutor for the
respondent/State.
Shri Raj Kumar Shrivastava, Counsel for the complainant. Case diary is available.
This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by order dated 22.1.2021 passed in M.Cr.C.No.2939/2021.
The applicant has been arrested on 16.12.2020 in connection with Crime No.513/2020 registered at Police Station Padav, District Gwalior for offence under Sections 304, 420, 465, 467, 468, 471, 34 of IPC.
It is submitted by the counsel for the applicant that the applicant is the Printer who is alleged to have printed the wrappers in his press and, therefore, it cannot be said that the applicant was involved in sale of spurious plasma.
Per contra, the application is vehemently opposed by the counsel for the State as well as counsel for the complainant. It is submitted by the counsel for the State that the applicant has printed wrappers in his press without any authority from the hospital. Further 2 THE HIGH COURT OF MADHYA PRADESH MCRC No.21131/2021 Ashok Samadhiya vs. State of M.P. one scan-disk 16 GB Pen-drive in which design of level which is affixed on the blood sample, one yellow card of cross match report, one bill book on which serial no.136 printed sticker of Red-cross, order of printing folder and paid signature of co-accused Ajay Shanker Tyagi were seized. Thus it is clear that he is involved in sale and purchase of spurious plasma. It is further submitted that during Covid-19 pandemic, when transfusion of plasma was considered to be one of the important part of protocol for treating the Covid-19 patient, then involvement in the such type of activities should not be tolerated.
Heard the learned counsel for the parties.
It is the case of the prosecution that the applicant had printed wrappers during Covid-19 pandemic. Incriminating articles were also seized from his possession. As per the treatment protocol, plasma transfusion was considered to be one of the important mode of treatment for treating Covid-19 patient. Sale of spurious plasma specifically under these peculiar and harsh circumstances is certainly an offence against the mankind and just for few money, no one can be allowed to play with the lives of several innocent Covid-19 patients. Printing of wrappers without any authority of the concerning hospital clearly shows the involvement of the applicant in the racket of sale and purchase of spurious/diluted plasma.
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THE HIGH COURT OF MADHYA PRADESH MCRC No.21131/2021 Ashok Samadhiya vs. State of M.P. Under these circumstances, this Court is of the considered opinion that no case is made out for grant of bail.
The second application fails and is hereby dismissed.
(G.S. Ahluwalia)
Arun* V. Judge
ARUN KUMAR MISHRA
2021.06.03 10:47:56 +05'30'