Devang Manshibhai Mer vs State Of Gujarat on 24 June, 2021

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Gujarat High Court

Devang Manshibhai Mer vs State Of Gujarat on 24 June, 2021

Bench: S.H.Vora

     R/CR.MA/8580/2021                           ORDER DATED: 24/06/2021



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 8580 of 2021
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                         DEVANG MANSHIBHAI MER
                                 Versus
                           STATE OF GUJARAT
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Appearance:
M S PADALIYA(7406) for the Applicant(s) No. 1
MR. MITESH AMIN PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA

                             Date : 24/06/2021

                              ORAL ORDER

1. Heard learned advocate for the applicant and learned Public Prosecutor for the respondent-State through V.C.

2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. 11208055210109 of 2021 with Rajkot City D.C.B. Police Station for the offences punishable under Sections 408, 420, 114 of the IPC, u/s 3, 7 and 11 of the Essential Commodities Act as well as u/s 53 of the Disaster Management Act.

3. Learned Public Prosecutor strongly objects for grant of bail on the ground that during pandemic period, the applicant was found involved in black marketing of Remdesivir injection and thus, deprived to needy patient out of its reach.

4. Heard and examined the papers placed for consideration in support of the submission made at bar.

5. Upon hearing submission, following picture emerges on record :-

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R/CR.MA/8580/2021 ORDER DATED: 24/06/2021

(i) Charge sheet is filed.

(ii) No past antecedent is registered qua the applicant.

(iii) The applicant is involved in the offence of black marketing of Remdesivir injection, which was highly required for the treatment of Covid-19 patients and the needy person paid excess price than the prescribed one and thus, he found black marketing the injection, which were required to be supplied for the use only for the Hospital or institution to ensure proper use of the drug as recommended.

(iv) The offence provides minimum punishment of three months, which may extend to seven years under the provisions of law.

(v) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.

(vi) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicant, pending investigation and trial.

6. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. 11208055210109 of 2021 with Rajkot City D.C.B. Police Station, on executing a bond of Rs.20,000/-(Rupees Twenty Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicant shall;

[a] not take undue advantage of liberty or misuse liberty;

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R/CR.MA/8580/2021 ORDER DATED: 24/06/2021 [b] not act in a manner injurious to the interest of the prosecution;

[c] not leave the territory of India without prior permission of the Sessions Judge concerned;

[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.

[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;

7. The competent authority will release the applicant only if the applicant is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.

8. Rule made absolute to the aforesaid extent. Direct service is permitted.

(S.H.VORA, J) SHEKHAR P. BARVE Page 3 of 3 Downloaded on : Sat Jun 26 03:22:57 IST 2021

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