Madhya Pradesh High Court
Manish Gothi vs The State Of Madhya Pradesh on 13 August, 2021
Author: Anil Verma
Bench: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M CR C No. 40347 / 2021
MANISH GOTHI Vs. STATE OF MP
--- 1 ---
INDORE, Dated : 13/08/2021
Heard through video conferencing.
Ms. Drishti Rawal, learned counsel for the applicant.
Mr. Shalabh Sharma, learned PL for the respondent - State.
This is second application for bail u/S. 439 of the Code of Criminal Procedure, 1973 by applicant Manish who is in custody since 17/4/2021 in connection with Crime No. 11/2021, registered at P.S. Crime Branch, Distt. Indore (MP) for commission of offence punishable u/Ss. 420, 188, 34 of the Indian Penal Code, 1860; Sec. 3/7 of Essential Commodities Act and Sec. 3 of Epidemic Disease Act. First application was dismissed on merits vide order dated 23/7/2021 passed in M.CR.C.No. 22573/2021.
As per prosecution story, on 17/04/2021, on the basis of secret information received from the informer, that two persons are trying to sell Remdesivir injection at Bangali Wine Shop, the police party reached at the spot and caught the applicant Manish. During interrogation, Remdesivir injection has been seized from the possession of the applicant. He was found selling the Remdesivir injection at the rate of Rs. 22,000/- per injection. P.S Crime Branch arrested the present applicant and the crime has been registered under the above sections. It is also alleged that the accused had no valid licence for such sale of the alleged injections and he was indulged in the black-marketing of the Remdesivir injection, which was highly required for treatment of COVID-19 patients.
Learned counsel for the applicant contended that applicant is innocent and has been implicated falsely in the above mentioned case. Investigation is over and charge sheet has been filed. Applicant is in custody since 17/4/2021. Unfortunately, the respondent utterly failed to apprise the Court with the correct facts and provisions of law applicable to the applicant. Looking to the allegations levelled against HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M CR C No. 40347 / 2021 MANISH GOTHI Vs. STATE OF MP
--- 2 ---
the applicant, Sec. 3(3) or 3(C) of the Epidemic Disease Act, 1897 is not attracted. The applicant challenged his illegal detention under the National Security Act, 1980 by filing W.P.No. 13969/2021 which was allowed by the Hon'ble Court on 5/8/2021 and the illegal detention of the petitioner was quashed. The applicant has purchased and procured the alleged Remdesevir injection for the treatment of his relative upon the prescription of the treating Doctor. Said relative of the applicant then passed away due to Covid-19 because the injection was wrongfully seized by the police and could never be utilized for the treatment of applicant's relative. Hence, he prayed that this application may be allowed and the applicant be enlarged on bail.
On the other hand, learned PL for the respondent - State opposes the prayer for grant of bail by stating that after passing the earlier order, there is no material change in the circumstances. The case of the National Security Act was entirely different from the present offence. He prays for rejection of this repeat bail application.
Although the Division Bench of this Court in W.P.No. 13969/2021 vide order dated 5/8/2021 set aside the impugned order dated 20/5/2021 passed by the District Magistrate, Indore whereby he has detained the applicant by exercising the power under sub- Section (2) read with sub-Section (3) of Sec. 3 of the National Security Act, 1980, but subject matter of the Writ Petition was different from the present criminal case.
In this repeat bail application, the applicant has taken a new plea that he had purchased and procured the alleged Remdesevir Injection for the treatment of his relative upon the prescription of treating Doctor and said relative of the applicant then passed away due to Covid-19. The applicant has filed copy of the prescription and death certificate of Murlidhar in support of his contention. But it is noteworthy that applicant did not take this defence in his earlier bail HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M CR C No. 40347 / 2021 MANISH GOTHI Vs. STATE OF MP
--- 3 ---
application u/S. 439 of the Code of Criminal Procedure, 1973 before this Court. Even he has not pleaded such defence in the bail application filed before the Court below. Therefore, at this later stage, prima facie, such type of new defence does not appears to be genuine.
After considering the arguments advanced by the learned counsel for the parties, this Court is of the considered view that earlier bail application of the applicant has already been dismissed on merits, while considering all the facts and circumstances of the case and thereafter there is no change in the circumstances in which the present bail application can be considered.
Accordingly, this repeat bail application is hereby dismissed. Certified copy, as per Rules.
(ANIL VERMA) JUDGE KR Digitally signed by KAMAL RATHORE Date: 2021.08.13 18:34:39 +05'30'