R/CR.MA/9455/2021 ORDER DATED: 29/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING ORDER(PERTAINING TO BAIL)) NO. 9455 of 2021 ========================================================== SAHIL VINUBHAI GHOGHARI Versus STATE OF GUJARAT ========================================================== Appearance: MR.NANDISH H THACKAR(7008) for the Applicant(s) No. 1 MR ROHAN RAVAL, APP for the Respondent(s) No. 1 ========================================================== 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 R/CR.MA/9455/2021 ORDER DATED: 29/09/2025 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 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 29/09/2025 14:35:03