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Synopsis

A single judge bench at the Bombay High Court comprising Justice Bharathi Dangre has recently granted bail to a doctor and a pharmacist of Shivam Hospital at Kandivali who were accused in the fake vaccination camps at Hiranandani Society in Poisur.

The high court was hearing the bail plea of the accused persons in a case wherein the management committee of Hiranandani Heritage Society had organized a vaccination camp for vaccinating the society members of Hiranandani Heritage. One of the members of the Hiranandani Heritage Society, namely Ashish Mishra, had volunteered to assist in this process of arranging the said vaccination camp.

Subsequently, Ashish Mishra contacted Rajesh Pandey who claimed to be the representative of Kokilaben Hospital, Andheri, and negotiated for providing 400 vaccine doses of Covishield at the premises of Hiranandani Heritage at a price of Rs. 1260.

A total of 390 members of the said society received their vaccine doses at the said vaccination camp however, despite the members making their payment for receiving the vaccines they were not issued receipts for the payment, and instead directed the society members to make the payment to another accused. Collectively, the members at the Hiranandani Heritage Society paid a sum of Rs.4,56,000 to one of the accused towards the vaccination.

After the members complained that they did not receive the vaccination certificate, the accused issued certificates to the members showing that they were vaccinated from different hospitals, including Nanavati Hospital, Lifeline Hospital, NESCO Covid camp, etc.

The counsel representing the two accused i.e., the doctor and the pharmacist argued before the court that they are respectable members of the society and are the owners of Shivam Hospital situated at Kandivali West, which had nearly completed 27 years. He submitted that there was no complaint in respect of vaccines, which were administered in Shivam Hospital, still, the accusations that were leveled against the present applicants were in respect of fake vaccines, being administered at different vaccination camps, which were conducted under the aegis of other co-accused.

He also argued that the only incriminating circumstance, which had been relied upon to implicate the applicants was a confession letter given by one of the co-accused, where he had stated that vaccines and other relevant items were organized through Shivam Hospital, Kandivali West.

The Additional Public Prosecutor argued that the offence was so serious in nature and the applicants by hatching a conspiracy with other co-accused, had administered fake vaccines, knowing it very well that they were not genuine and had received consideration for the same from the distinct persons, who were administered the said vaccines.

The high court while granting bail said that there were no adverse effects or deaths due to the fake vaccine.

“It is not the case of the prosecution that on account of the alleged vaccines found to be spurious, some death had taken place or any patient suffered from any adverse effect. Though the offence registered has serious repercussions and the consequences, which reflect that innocent common man, on the pretext of an authorised vaccine being administered to him, has shelled out his hard earned money only to find out that the vaccine was not genuine. Ultimately, this is a matter of trial and, undisputedly, if the prosecution prove it’s case during trial, the Applicants will take the necessary consequences” the order stated.

Case Title: Shivraj Pataria & Anr vs State of Maharashtra