The Supreme Court has granted interim protection from arrest to a suspended doctor of Burhanpur District Hospital accused of embezzling Rs 3,00,000 through forged bills.
A FIR was registered against him under Section 409, 511, 468, 470, 471, and 420 of the Indian Penal Code after an inquiry was conducted by the Deputy Collector and District Treasury Officer which found him responsible for embezzlement of funds. The High Court had dismissed the bail application after it was informed that there was another criminal case under Section 354 IPC pending against him.
During the hearing today, Senior Advocate R. Basant, who appeared for the appellant Dr. Sunil Patil, said that he has not issued any bills. A three-judge bench led by Chief Justice of India N.V. Ramana, and Justices A.S. Bopanna and Hima Kohli was hearing the matter. Justice Kohli asked about the status of other cases against the appellant. To which the counsel replied that he was discharged by the Internal Complaint Committee with regard to the complaint under sexual harassment. The Court issued notice to the State of Madhya Pradesh and granted interim protection to accused.
Before the High Court, the appellant had submitted that he has been falsely implicated in the case and has not committed any offence in any manner. He had said, “The competent authority was a Civil Surgeon. The Civil Surgeon District Burhanpur also written a letter dated 21.09.2021 clarifying that the aforesaid offence cannot be committed by the present applicant. No opportunity of hearing was given to the present applicant to submit his defence, prior to direction for registration of an FIR. Even the inquiry report which has been submitted has been done behind the back of the applicant. No opportunity to participate in the inquiry was given to the present applicant. In such circumstances, h e is ready to abide by all terms and conditions that may be imposed by this Court while considering the application for grant of anticipatory bail.”
Whereas, the counsel appearing for the State opposed the anticipatory bail application and argued that the complaint was made by the accountant and other Government Officials who were working at District Burhanpur. On 04.03.2021, on the basis of which inquiry was conducted by the Deputy Collector, the Inquiry Officer, Burhanpur along with District Treasury Officer, the committee has called into the details and has conducted the inquiry and has found that the present applicant was responsible for the embezzlement of Rs 3,00,000 via forged bills. On which the direction was given for registration of an FIR. The applicant has already been placed under suspension for the same. The statements of the accountant and other officials were recorded and it was found that the present applicant is responsible for the embezzlement.
Detail particulars of bills which have been produced by the applicant also made him a part of the inquiry. He had further, “submitted that appellant has never co-operated in the investigation and has placed under suspension and absconded after registration of an FIR. Plus two other criminal cases were registered against him in the year 2020 for the offences under Sections 354, 506, 509 of the IPC and Sections 354, 509 of the IPC. The inquiry wasn’t completed and several articles have to be recovered from him.“ The High Court had dismissed the anticipatory bail application with a direction to surrender and apply for regular bail.