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
NEUTRAL CITATION
R/CR.MA/9455/2021 ORDER DATED: 29/09/2025
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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
