Gujarat High Court
Sahil Vinubhai Ghoghari vs State Of Gujarat on 29 September, 2025
NEUTRAL CITATION
R/CR.MA/9455/2021 ORDER DATED: 29/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING ORDER(PERTAINING
TO BAIL)) NO. 9455 of 2021
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SAHIL VINUBHAI GHOGHARI
Versus
STATE OF GUJARAT
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Appearance:
MR.NANDISH H THACKAR(7008) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 29/09/2025
ORAL ORDER
1. By way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioner has prayed for quashing and setting aside order dated 25.5.2021 passed by the learned Addl. Sessions Judge, Surat in Criminal Misc. Application No.2646 of 2021.
2. Heard learned advocates for the respective parties.
3. It is a case where the learned Sessions Court has cancelled the regular bail granted to the petitioner for the offences punishable u/s 406 and 420 of the IPC r/w section 3,7 and 11 of the Essential Commodities Act and for section 53 of the Disaster Management Act as well as section 27(b)(2) of the Drugs and Cosmetics Act for the FIR being registered as A-CR No.11210061210539 registered with Lalgate Police Station, Surat mainly on the ground that the learned trial Court has exceeded its jurisdiction to grant regular bail in a Page 1 of 2 Uploaded by SHEKHAR P. BARVE(HC00200) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 23:31:56 IST 2025 NEUTRAL CITATION R/CR.MA/9455/2021 ORDER DATED: 29/09/2025 undefined serious offence, whereby it is alleged that the petitioner was black marketing remdesevir injections in the Covid 19 period. The learned Sessions Court having reproduced extract from various judgments reached to the conclusion that in a serious offence, the learned trial Court ought not to have granted regular bail to the petitioner.
4. Learned advocate for the petitioner would submit that as of now, the trial is going on and the petitioner is cooperating in conducting the trial. The perusal of the order cancelling the regular bail granted to the petitioner prima facie appears that the learned Sessions Court was disturbed by granting regular bail to the petitioner, who is practicing doctor on the ground that the allegations levelled against the petitioner is serious in nature. Thus, it appears that the order cancelling regular bail is more towards mental disturbance and not towards judicial conscience.
5. Be that as it may, since the petitioner is cooperating in the trial, the petition deserves consideration.
6. Resultantly, the petition is allowed and impugned order dated 25.5.2021 passed by the learned Addl. Sessions Judge, Surat in Criminal Misc. Application No.2646 of 2021 is hereby quashed and set aside and order dated 29.4.2021 passed by the learned 10th Addl. CJM, Surat is hereby restored. Direct service is permitted.
(J. C. DOSHI,J) SHEKHAR P. BARVE Page 2 of 2 Uploaded by SHEKHAR P. BARVE(HC00200) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 23:31:56 IST 2025