Allowed

Rajesh Dayashankar Pandey v. State of Maharashtra

Bombay HC12 Oct 2022BA/259/2022

Case brief

AI extract

What is this about?

High Court allowed bail for Rajesh Dayashankar Pandey in five criminal cases regarding fake COVID-19 vaccines. Court found no evidence of mens rea, financial gain, or active participation by the applicant, permitting release with conditions.

What did the court decide?

Applicant released on bail in five CRs on furnishing police bond of Rs.50,000 each with one or more sureties of like amount.

Rajesh Dayashankar Pandey Vs State of Maharashtra — Medical Negligence | Bombay HC (2022)

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rajshree

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.647 OF 2022

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WITH

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BAIL APPLICATION NO.274 OF 2022 WITH

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BAIL APPLICATION NO.273 OF 2022 WITH

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BAIL APPLICATION NO.259 OF 2022 WITH

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BAIL APPLICATION NO.562 OF 2022

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Rajesh Dayashankar Pandey ] .. Applicant vs. State of Maharashtra ] .. Respondent

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Mr.Ashok Saraogi a/w Mukesh Mishra i/b Lawmatics India for the Applicant in all Applications.

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Mrs.A.A. Takalkar, APP for the State.

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PI Ware-Kandivali Police Station, PI Madye- Borivali Police Station, PI Anchalwar-Khar Police Station, PSI Sonawane-Versova Police Station and PSI Gavkar-Amboli Police Station present.

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CORAM : BHARATI DANGRE, J

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DATE : 12^th OCTOBER, 2022.

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P.C.

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1] In all the five Applications which are listed before me, the Applicant/accused is the same and he seek his release on bail in five distinct CRs registered with five distinct Police Stations. He face more

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or less similar accusations in all the five CRs and common offences are invoked against him, which involve Section 268, 270, 274, 275, 276, 308, 419, 420, 465, 467, 468, 470, 471, read with 34, 188 of the Indian IPC. The said CRs also invoke Section 3 of Epidemic Disease Rules as well as Section 52 of the Disaster Management Act. In two of the CRs, provisions of Section 18, 18A, 18B, 24, 27 and 28 of the Drugs and Cosmetics Act, are also invoked.

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2] The distinct complaints came to be lodged in Kandivali, Borivali, Versova, Amboli and Khar Police Stations, alleging that in the Covid vaccination camp that came to be organized in different parts of the city, fake vaccines were administered to certain individuals, without their names being recorded on the Covin APP, despite the Government instructions providing that the persons who are registered, shall only be administered the vaccine.

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In Kandivali and Versova Police Stations, the allegation is also levelled that fake certificates came to be issued.

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3] The investigation revealed that the contains of the vial, which was projected to be the vaccine was actually not, what was projected i.e. Covishield vaccine. In this transaction,huge amount has been received by the accused persons and this resulted in filing of chargesheet against 10 accused persons in CR No.252/2021 registered with Versova Police Station. On similar lines charge-sheets were filed in other CRs.

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4] Heard the learned counsel Mr.Ashok Saraogi alongiwth Mukesh Mishra i/b Lawmatics India, representing the Applicant in distinct Applications and learned APP Mrs.A.A. Takalkar, for the State. The

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Applications were heard in the presence of Investigating Officers of all the five police stations.

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The learned counsel Mr.Saraogi would submit that when chargesheets placed on record, filed in five distinct cases are carefully perused, the Applicant is not attributed any mens rea and from the charge-sheet what has clearly surfaced on record, is role in assisting the organization of the camps for the purpose of vaccination, but he is not the entity who actually operated the camps where vaccines were administered. He would further assertively submit that not a single penny is received by the Applicant and the prosecution do not even accuse him of any monetary gain. He would further submit that vaccines were arranged by Shivam Hospital and even the doctors of the said hospital are arraigned as accused and there is no material in the charge-sheets establishing that the applicant had knowledge that the vaccines were fake as it is only when the vaccine was forwarded to Halfkine Institute, it was revealed, they were fake.

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In absence of any mens rea attributed, the learned counsel would submit that since the investigation is complete and charge-sheet is already filed, his custody will serve no purpose and, therefore, he deserve his release on bail in all the CRs.

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5] Per contra, the learned APP has strongly opposed the applications. Her submission is that the Applicant alongwith coaccused inoculated fake vaccine doses to number of people without recording their names in the Covin App and without giving any intimation to the Municipal Corporation. The offence, according to her is serious in nature and there is every possibility that on release of the Applicant, the prosecution case can be tampered by him.

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6] On hearing the learned respective counsel, I have perused the charge-sheets filed in distinct CRs and since the allegations faced by the Applicant are identical, I prefer to reproduce the facts as alleged in the complaint, which resulted in registration of CR No.252/2021 registered, with Versova Police Station.

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The complaint Sanjay Rautrai allege that he was known to the Applicant and somewhere in May 2021 the Applicant called him and informed him that Kokilaben Hospital has started vaccination drive for the corporate sector and housing societies and therefore if the complainant is desirous of having his employees or those residing in the society to be vaccinated, he can help with that. In pursuance to the offer, the complainant requested the Applicant to arrange the vaccination drive in their society and for his employees. Accordingly, the vaccination camp, as per schedule was held on 29.05.2021 at 11.00 a.m. The complainant transferred a sum of Rs.2,12,400/- in the IDFC Bank account of S E & P Investments for 151 doses. As scheduled, on the said date, Sanjay Gupta and two other persons arrived at the spot and administered the vaccines. When the complainant inquired about certificates to be provided, he was informed that on account of some problem in the server, certificate delivery is delayed. To his dismay on 12.06.2021, 10 persons of those who were vaccinated received the certificates in the name of Nanavati Hospital and this created a doubt in the mind of the complainant and therefore he lodged complaint.

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It is pertinent to note that in the similar fashion 13 FIRs were registered in different Police Stations, out of which in five FIRs i.e registered with Kandivali, Borivali, Versova, Amboli, Khar Police Stations, where the present Applicant is arraigned as accused.

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7] On completion of investigation, charge-sheet was filed in CR

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No.252/2021, where 10 persons are arraigned as accused and Accused Nos.1 to 8 are charged for hatching a conspiracy of organizing vaccination camp and administering doses other than the one capable of preventing the virus and they are charged for defrauding the said persons and accepting huge amount, possessing the knowledge that not administering genuine drug may cause death of those persons. They were also charged under Section 3 of the Epidemic Disease Act as well as Section 52 of the Disaster Management Act.

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Accused Nos.9 and 10 are also charged for conspiring with other accused persons and recording entries in the computer system by using fake Id’s and passwords, gaining access to Covin Portal. sub Similar charge-sheets are filed levelling almost similar allegations against the Applicant and other accused persons.

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8] On perusal of the charge-sheet, the role of the present Applicant has clearly surfaced on record, as he is the one who assisted the society/complainant for organizing camp, and it is the Accused No.2, Sanjay Gupta, the proprietor of S E & P Investments who received the money into his account. The vaccine came to be procured from Shivam Hospital and doctors in the said Hopsital viz. Dr.Shiraj Pataria and Neeta Pataria are arraigned as accused .

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The charge-sheet do not reveal that the Applicant has played any other role than this. The charge-sheet do not contain any material which would be sufficient to infer knowledge on the part of the Applicant, that the drug to be administered was fake.

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On the other hand, the persons who would probably had knowledge, are Dr.Shivraj Pataria, Neeta Pataria, Manish Tripathi, Mahendra Singh and one Sanjay Gupta. They are charged as masterminds for giving effect to the pre-planned strategy to inject

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different doses in the name of genuine doses.

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In any case, the Applicant do not possess expertise to know whether the vaccine was fake or genuine and the charge-sheet do not accuse him of receiving a single farthing out of the transaction. Though feebly the learned APP would argue that at the instance of applicant, the amount was transferred in the account of S E and P Investments, the Applicant is not beneficiary of any monetary transaction and primafacie, I am convinced to accept the submission of Mr. Saraogi that like other good Samaritans who lent out helping hand with good intention, to see that maximum people are vaccinated, he suggested that since the corporate group hospitals are ready to provide vaccines, camp can be organized at the door step of the society for getting vaccines.

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9] Considering the limited role attributed to the Applicant and particularly when it can be seen that the vaccine was also administered by the staff of Shivam Hospital and since material in the charge-sheet falls short of any active participation of the Applicant in the entire episode of administering fake vaccines in the camp which was organized as a bonafide gesture, the Applicant cannot be further incarcerated when the investigation is over and charge-sheet is already filed.

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10] It is informed that, Mrs.Neeta Pataria, Dr.Shivraj Pataria, Chandan Singh and Nitin Monde, the co-accused, are already released on bail by the Sessions Court. I am inclined to extend the benefit of the said order to the Applicant since prima-facie no mens rea is attributed to him, nor the prosecution has brought on record any material to attribute knowledge to him, that the vaccine was fake and in any case he was not the person who administered the vaccines, hence,

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Applicant deserve his release on bail.

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11] The observations made above are prima facie in nature and limited for the purpose of determination of the present Application and the learned Judge trying the Applicant for the offences, with which he is charged, shall not in any manner be influenced by the above order.

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Hence, following order is passed :

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O R D E R

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(a) Application is allowed.

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(b) Applicant – Rajesh Dayashankar Pandey shall be released on bail in connection with C.R.No.591/2021 in Kandivali Police Station, CR No.274/2022 in Borivali Police Station, CR No.647/2022 in Versova Police Station, CR No.534/2022 in Amboli Police Station and CR No.259/2022 in Khar Police Station, on furnishing P.R. bond to the extent of Rs.50,000/- in each CR, with one or more sureties of the like amount.

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(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.

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(d) He shall not leave India without prior permission of the court.

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(e) The Applicant shall regularly attend trial, on every date, unless he is exempted.

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(f) The Applicant shall provide his residential address and contact number to the Investigating Officer and keep him updated if there is any change.

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[BHARATI DANGRE, J]

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Rajesh Dayashankar Pandey v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Rajesh Dayashankar Pandey v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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