Madhya Pradesh High Court
Ajay Shankar Tyagi @ Ajay Tyagi vs The State Of Madhya Pradesh on 1 June, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.24635/2021
Ajay Shankar Tyagi @ Ajay Tyagi vs. State of M.P.
Heard through Video Conferencing
Gwalior, Dated : 01.06.2021
Shri Virendra Singh Pal, 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 first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 13.12.2020 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 in the postmortem report of the deceased Manoj Gupta, it is nowhere mentioned that he died because of transfusion of spurious plasma allegedly sold by the applicant. It is further submitted that it is clear from the statement of Dr. Ujjawal Sharma that while transfusing the plasma, which was brought by the family members of the patient, it was noticed that the patient had started shivering and it appeared that there is a reaction and, accordingly transfusion was stopped and the blood plasma was returned back to the family members of the patient. 2
THE HIGH COURT OF MADHYA PRADESH MCRC No.24635/2021 Ajay Shankar Tyagi @ Ajay Tyagi vs. State of M.P. It is submitted that if the hospital was of the view that the plasma which was brought by the family members of the patient is spurious, then the hospital should have informed the police and should not have returned back the plasma to the family members of the patient. Once, there is nothing on record that the deceased died because of transfusion of spurious plasma, then it cannot be said that the applicant is primarily responsible for the death of the deceased. Merely because some more spurious plasma has been recovered from the possession of the applicant would not make him liable for offence under Section 304 of IPC.
Per contra, the application is vehemently opposed by the counsel for the respondent/State as well as counsel for the complainant. It is submitted by the counsel for the State that as per the statements of the witnesses, the plasma sold by the applicant to the family members of Covid-19 patient, was ultimately found to be spurious. It is further submitted that when the doctors started transfusing the plasma, then they noticed the reaction and, accordingly, it was immediately stopped. Merely because the plasma had reacted would not ipso facto mean that the plasma was spurious and under these circumstances, where the doctors were over burdened in treating various Covid-19 patients, did not get suspicious regarding the quality of plasma and if the plasma was returned back 3 THE HIGH COURT OF MADHYA PRADESH MCRC No.24635/2021 Ajay Shankar Tyagi @ Ajay Tyagi vs. State of M.P. to the family members of the patient, then it cannot be said that any mistake was committed by the hospital management. The plasma which was made available by the family members of the patient was sent for chemical examination and it was found that it was spurious/diluted in nature.
Heard the learned counsel for the parties.
It is the case of the prosecution that one Manoj Gupta was a Covid-19 patient and was admitted in the hospital. Transfusion of plasma was one of the protocol for treatment of Covid-19 patient. Since the patient was in a serious condition, therefore, the doctors decided to treat the patient by transfusing healthy plasma. As the concerning hospital does not have blood bank, therefore, the family members were requested to arrange for the plasma. The plasma which was brought by the family members of the patient could not be given to the patient because it reacted and the transfusion was stopped. Accordingly it was returned back to the family members of the deceased. On chemical examination, the plasma which was returned back by the hospital was found to be spurious/diluted in nature. The applicant had no license to deal with sale and purchase of plasma and in spite of that it is the case of the prosecution that he was involved in manufacturing of diluted plasma with the help of other blood banks. Two blood bags of Mitra Company containing 10 units of 450 4 THE HIGH COURT OF MADHYA PRADESH MCRC No.24635/2021 Ajay Shankar Tyagi @ Ajay Tyagi vs. State of M.P. ml, four bottles of 1000 ml., four bottles of Sodium Chloride, infusion set, syringes and various other medical equipment, receipt book of Red Cross Blood Bank, Gwalior for matching report, several cards of blood bank of matching report and other incriminating articles have been seized from the possession of the applicant which clearly shows that he was involved in manufacturing of diluted/spurious plasma. Various seals of the authorities like J.A. Group of Hospitals, RMO, Department of Pathology, Doctor on duty, Blood Bank of JA Hospital, ADM Ramban etc. were also seized from the possession of the applicant. On one hand the Covid-19 patient was fighting for his life and each and every treatment as per the protocol for treatment of Covid-19 patient was essential for saving his life and on the other hand some of the persons were involved in making money by selling spurious/diluted plasma. The act of the applicant is against the entire mankind.
So far as the submissions of the applicant that there is nothing on record to suggest that the deceased Manoj Gupta died because of transfusion of spurious/diluted plasma supplied by the applicant is concerned, the said argument cannot be accepted. Since the transfusion of plasma is one of the protocol for treatment of Covid-19 patient and only because of the illegal and brutal act of the applicant in supplying diluted plasma, it can be said that the patient has died 5 THE HIGH COURT OF MADHYA PRADESH MCRC No.24635/2021 Ajay Shankar Tyagi @ Ajay Tyagi vs. State of M.P. because deceased might have survived had he got proper plasma at the relevant time.
Be that whatever it may.
The allegations which have been leveled against the applicant clearly indicates that he was involved in gruesome act against the mankind by manufacturing and selling spurious/diluted plasma for melting some money. Accordingly, this Court is of the considered opinion that no case is made out for grant of bail. The application fails and is hereby dismissed.
(G.S. Ahluwalia)
Arun* V. Judge
ARUN KUMAR MISHRA
2021.06.03 10:48:29 +05'30'