Madhya Pradesh High Court
Sapan Jain vs The State Of Madhya Pradesh on 4 February, 2022
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SUJOY PAUL
ON THE 4th OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 59984 of 2021
Between:-
SAPAN JAIN S/O SURENDRA KUMAR JAIN ,
AGED ABOUT 37 YEARS, OCCUPATION:
MEDICAL SHOP OWNER POLICE STATION
ADHARTAL DISTT. JABALPUR HOUSE
NO.3958/1 ASHANAGAR ADHARTAL P.S.
ADHARTAL JABALPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI )
AND
THE STATE OF MADHYA PRADESH THR.
P.S.OMTI JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI )
(Heard through Video Conferencing)
Shri Alok Vagrecha, learned counsel for the applicant.
Shri Ankit Agrawal, learned Government Advocate for the
respondent/State.
With the consent, finally heard.
This is first application under Section 439 of Cr.P.C. for grant of bail
to the applicant in connection with Crime No.252/2021 for the offences under
Sections 274, 275, 308, 420, 120-B, 467, 468, 471, 201, 34, 304 of the I.P.C.
& 53 of Disaster Management Act & 3 of E.D. Act & 65 of I.T. Act & 5/13
of M.P.D.C. Act, registered at Police Station Omti, District Jabalpur. The
applicant is in jail since 15.06.2021.
Learned counsel for the application submits that applicant is in custody
since 15.6.2021. Challan has been filed. This Court has granted bail to co-
accused persons Rakesh Sharma in M.Cr.C. No.36262/2021, to Mrs. Jasmeet
Kaur Mokha in M.Cr.C. No.39393/2021, to Mrs. Sonia Shukul in M.Cr.C.
No.39409/2021, to Harkaran Singh Mokha in M.Cr.C. No.42511/2021 and to
Sarabjeet Singh Mokha in M.Cr.C. No.56477 of 2021. The applicant is an
accused in the same case. The incriminating material is already seized by the
prosecution. Committing for similar offence, a criminal case was registered
against the present applicant at Gujrat. The Gujrat High in Criminal Misc.
Application No.15486/2021 decided on 17.11.2021, has granted bail to the
applicant. The applicant will not temper the evidence and material. He may be
enlarged on bail.
Prayer is opposed by Shri Ankit Agrawal, earned Government
Advocate for the respondent/State.
This court in the case of Sarabjeet Singh Mokha in M.Cr.C. No.56477
of 2021 recorded as under:
"Indisputably the applicant's wife, son and Sonia
Shukul are also co-accused. Despite recovery of
injections from applicant's wife the High Court has
granted her bail. The Sessions Court Morvi (Gujarat) in
CMA No.9/2021 has recorded as under:
 œ 4 . Taking into consideration of the affidavit
submitted by the T.K official with the number 05 on
behalf of the Government, the Learned Public
Prosecutor, has argued that the applicant for this matter
is the owner of City Civil Hospital and Research Centre
Jabalpur, co-accused of said Hospital, co-accused Dilip
Chorasia works in the medical department and the co-
accused of this crime is Sapan S/o Shri Surendra Kumar
Jain from Jabalpur is the wholesaler of medical related
foods and medicines of Bhagwati Pharma in Jabalpur
Madhya Pradesh and he himself trades in permanent
medicines and surgical goods at the applicant's City Civil
Hospital and Research Centre in Jabalpur so that the
present applicant/accused and Devesh Chorasia S/o Dilip
Chorasia are in contact so due to increasing demand of
Remdesivir Injection, the applicant had ordered 500 units
of Remdesivir injections through co-accused Devesh S/o
Dilip Chorasia. Despite knowing that it is a duplicate
injection co-accused Sunil Mishra from that total no. of
465 duplicate Remdesivir injections were given to co-
accused Devesh Chorasia and despite knowing that
these were duplicate injections total no. of 225 injections
were given to the Doctors on duty in his hospital for
treatment and illegal financial benefits were obtained and
a total no. of 225 injections were destroyed when the
crime was declared. And the applicant of this matter
committed a serious crime by helping in this said crime.
Also, the charge-sheet of the crime against the applicant
of the matter has been done and the co-accused of this
matter is yet to be arrest. If the present applicant is
released on bail under such circumstances, the accused
will not be present during the trial, there is a possibility of
fleeing, as well as the complainant intimidating witnesses,
tampering with evidence, and committing such serious
offences again. Therefore, considering the seriousness of
the crime, the applicant has not been released on bail,
such presentation is presented by the learned public
prosecutor.
5 . In this matter the representation of both the parties
were taken into consideration. Considering the facts of
the affidavit of the investigating officer submitted in his
case from no.04, the applicant for this matter is the
owner of the accused City Civil Hospital and Research
Centre Jabalpur. And they have ordered 500 piece of
Remdesivir Injections through co-accused Devesh S/o
Dilip Chorasia who is working in the medical department
of his hospital. So Sapan Jain has ordered 500 piece of
duplicate Remdesivir injection from Co-accused Sunil
Mishra and from that injections total no. of 465 duplicate
Remdesivir injections had been given to co-accused
Devesh S/o Dilip Chorasia and despite knowing that the
injections are duplicate he had given treatment and
illegally received the economic profit. And when crime
was declared total 225 injections were destroyed, and
stated the truth that by helping in prior in said crime he
has committed a serious crime.
However, in this case, the written statement from no.07
submitted by the applicant party in this matter with the
list of documents alongwith the list of documentary
evidence submitted with the number 08 and the
invoice/bill in the documents alongwith the list should be
taken into consideration. Whether the applicant/accused
of this matter has obtained financial benefit by ordering
total no.500 of duplicate Remdesivir injections through
co-accused, cheating with infected patients of Corona,
helping in crime and getting financial profit. As far as the
evidence is concerned, at the present stage, apart from
discussing the involvement of the applicant/accused in
the offence or the merits and demerits of the case a well
as the fact that the charge-sheet of the said offence has
been filed in the court here. The applicant is a permanent
resident of the address mentioned above so there is
reason to believe that if they are released on bail, they will
not be able to escape anywhere and they will be present
in the court on a regular basis during the trial. In view of
all the above facts, in order to release the present
applicant/accused on certain conditions and appropriate
amount of bail, the following final order is made in the
interest of justice under the present bail application.
Order:
1 . Applicant/accused Surabjeet Singh Manjeet Singh
Mokha Age 55 years, Religion Hindu, Occupation-
Business, resides at: 112, Panch Pedhi, South Lines,
Jabalpur (Madhya Pradesh) At present the applicant for
obtaining regular bail for the first time after chargesheet
under section 439 o RCP Act for the crime Morbi City
"ÂœB"Â Division Police Station "AÂ part G.R
No.0934/2021 (sessions case no.67/2021) section 274,
275, 308, 420, 34, 120-B, 465, 467, 468, 469, 471,
304(b) of the Indian Penal Code and Section 3,7,11 of
the Essential Act and Section 53 of the Disaster
Management Act and section 27 of the Drug and
Cosmetic Act, is approved on the following conditions.
2. The applicant/accused have to present a reliable and
trustworthy, local bail and Rs.50,000/- (Fifty Thousand
Only) to the court in the way that satisfy the conditions."
23. The applicant is a permanent resident of Jabalpur.
There is nothing on record to suggest that applicant can
flee from justice. Challan has already been filed.
Custodial interrogation of applicant is no more required.
The incriminating material has already been seized by the
prosecution. There is nothing to suggest that applicant
can influence or tamper the evidence. The bail can be
cancelled if it is brought to the notice of this Court by
filing appropriate application that applicant is influencing
the witnesses.
24. In the judgments cited by learned Sr.Counsel for the
applicant it was held that '˜bail, not jail'™ is the
general principle. If necessary ingredients for grant of
bail are satisfied, bail should be granted. In my view, as
noticed above, the necessary ingredients for grant of bail
are indeed available. Hence, I deem it proper to enlarge
the applicant on bail. Accordingly, the bail application is
allowed.
25. The applicant Sarabjeet Singh Mokha is directed to
be released on bail on his furnishing a personal bond in
the sum of Rs.50,000/- (Rupees fifty thousand Only)
with one solvent surety of the like amount to the
satisfaction of the trial Court for his regular appearance
before the trial Court during trial with a condition that he
shall remain present before the Court concerned during
trial and shall also abide by the conditions enumerated
under Section 437 (3) Criminal Procedure Code, 1973.
26. It is also observed that if the applicant is found to be
involved in any criminal activities, after his release on
bail, then the present bail order shall stand cancelled
without further reference to the Court and the State /
prosecution will be free to arrest the accused in the
present case also. This order shall be effective till the end
of the trial, however, in case of bail jump, it shall become
ineffective. The applicant shall surrender his passport
before trial court and not leave the country without
express permission granted by the trial court."
Indisputably, this Court has granted bail to aforesaid co-accused
persons. Accordingly, it is a fit case for extending the principles of parity.
Accordingly, I deem it proper to enlarge the applicant on bail.
The applicant Sapan Jain is directed to be released on bail on his
furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty
thousand Only) with one solvent surety of the like amount to the satisfaction
of the trial Court for his regular appearance before the trial Court during trial
with a condition that he shall remain present before the Court concerned
during trial and shall also abide by the conditions enumerated under Section
437 (3) Criminal Procedure Code, 1973.
It is also observed that if the applicant is found to be involved in any
criminal activities, after his release on bail, then the present bail order shall
stand cancelled without further reference to the Court and the State /
prosecution will be free to arrest the accused in the present case also. This
order shall be effective till the end of the trial, however, in case of bail jump, it
shall become ineffective. The applicant shall surrender his passport before
trial court and not leave the country without express permission granted by
the trial court.
Accordingly, the bail application is allowed.
C.c. as per rules.
(SUJOY PAUL)
JUDGE
ahd
Signature Not Verified
SAN
Digitally signed by MOHD AHMAD
Date: 2022.02.04 16:13:22 IST
