High Court of Punjab and HaryanaCRM-M/21721/2021allowed

Raman Kumar v. State Of Punjab

2021-07-29Mr. Justice Avneesh Jhingan2 pages

CRM-M-21721-2021 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** CRM-M-21721-2021 Date of Decision: 29.07.2021 Raman Kumar Petitioner

Versus

State of Punjab Respondent

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. Rishu Mahajan, Advocate for the petitioner. Ms. Monika Jalota, Deputy Advocate General, Punjab assisted by ASI Baljeet Singh.

**** AVNEESH JHINGAN, J (Oral):

[1] The matter is taken up for hearing through video conference due to COVID-19 situation.

[2] This is a petition filed under Section 439 Cr.P.C. for grant of regular bail in F.I.R. No. 59, dated 25th April, 2021 under Section 420 of IPC and Section 7 of Essential Commodity Act read with DPSO 2013 (Duty Price Control Order) Section 57 of Disaster Management Act 2005, registered at Police Station Division No. 7, Jalandhar. [3] Brief facts of the case are, on receiving a secret information a decoy customer was sent to the petitioner for purchasing Remedisivir injection, the petitioner sold the injection for Rs. 10,000/- i.e. price higher than the MRP. It is further alleged that petitioner and PANKAJ BAWEJA 2021.07.29 15:40 I attest to the accuracy and integrity of this document HIGH COURT, CHANDIGARH

CRM-M-21721-2021 -2Doctor Gurpreet Singh were in connivance for selling the Remedisivir injections at a higher price.

[4] Learned counsel for the petitioner submits that petitioner is in custody since 25th April, 2021. Investigation is complete and no recovery is to be made. He further submits that co-accused Doctor Gurpreet Singh was granted bail by the Sessions Judge. [5] Learned State counsel opposes the grant of bail and submits that there was recovery of two vials from the petitioner and two boxes of Remedisivir injections from Doctor Gurpreet Singh. [6] Considering that the investigation is complete, challan stands presented, co-accused was granted bail and there are no criminal antecedents of the petitioner, petitioner is granted bail subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.

[7] The petition is allowed.

[8] The observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. [AVNEESH JHINGAN] JUDGE 29th July, 2021

1. Whether speaking/ reasoned :

Yes / No

2. Whether reportable :

Yes / No PANKAJ BAWEJA 2021.07.29 15:40 I attest to the accuracy and integrity of this document HIGH COURT, CHANDIGARH