Court Relief: Hospital director arrested under IPC 304 granted bail
Indore: In a major relief to the director of a hospital in Jabalpur, arrested under IPC 304 (culpable homicide not amounting to murder) among various other sections for alleged purchase, use of fake Remedesivir injection for Covid-19 patients in his hospital has been granted bail by a special bench of Madhya Pradesh high court at Indore on Friday.
Justice Sujoy Paul granted bail to the doctor on a personal bond of Rs 50,000 during the hearing.
As per a recent media report in The Free Press Journal, the applicant doctor was arrested on May 11 during the second wave of the pandemic under sections 274, 275, 308, 420, 120-B, 467, 468, 471, 201, 34, 304 of the IPC, for fraud, criminal conspiracy, Sec.53 of Disaster Management Act, 2005, u/S.3 of Epidemic Diseases Act, 1897, Section 65 of Information Technology Act and 05/13 of Madhya Pradesh Drugs Control Act.
According to the prosecution, the doctor had received the fake Remdesivir injections in conspiracy with some manufacturers at the Morvi district in Gujarat. He further used them on the patients admitted in City Hospital with 300 bed facility in Jabalpur, reports Times of India.
However, the injections were destroyed when the police found about it, which equals to destroying evidence, contended the prosecution. It further added that the medical store in-charge Devesh Chorasia placed a request for Remdesivir injections from the co-accused Sapan Jain, Proprietor of Bhagwati Pharma, who supplied to the same to the hospital.
In response, the counsels for the petitioner, Manish Dutt, Pankaj Dubey and Rakesh Shukla contended that no one was able to prove that the applicant had contact with the manufacturers of fake injection. They stated that there is no evidence to prove that the applicant 'knowingly' obtained fake Remdesivir injections.
The counsel submitted that there is no element of 'agreement' between the applicant and the manufacturers of injections.
It argued that the petitioner bought the injections under a bona-fide belief that the same are genuine. He is arraigned for committing a similar offense in another case at Gujarat. The counsel for the doctor further added that he was granted bail by the sessions court.
Subsequently, the court allowed the application on the basis of different judgements relied upon by the applicant counsel during the argument and he was asked to surrender his passport before trial court.
The court also directed not to leave the country without permission granted by the trial court.
Also Read: Remdesivir black marketing in MP: Man arrested with 400 vials of antiviral injections
