Apex court provides Doctor accused of embezzling Rs 3 lakh via forged bills, interim protection from arrest

New Delhi: A suspended doctor associated with Burhanpur District Hospital, who was accused of embezzling Rs 3,00,000 via forged bills was granted interim protection from arrest by the Supreme Court.

The Deputy Collector and District Treasury Officer had conducted an inquiry who found him responsible for embezzling funds following which an FIR was registered against him under sections 409, 511, 468, 470, 471, and 420 of the Indian Penal Code, reports the India Legal Live.

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The case was being heard by a bench of three judges Chief Justice of India N.V. Ramana, and Justices A.S. Bopanna and Hima Kohli. Senior Advocate R. Basant had appeared for the accused doctor, who said that the doctor had not issued any bills. Justice Kohli enquired about the status of the other cases pending against the appellant. The counsel replied that he was discharged by the Internal Complaints Committee for sexual harassment. A notice was issued to the state of Madhya Pradesh by the court and interim protection was granted to the accused. 

Earlier, the high court had dismissed the bail application filed by the doctor after the court was informed that there was a separate criminal case pending against him under section 354 of the IPC.

In the high court, the appellant had submitted that he had not committed any offence, and was falsely accused in the case. He 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."

The counsel for the state opposed the anticipatory bail application, noting that the complaint was given by the accountant and other Government Officials who were working at District Burhanpur. Following that, an inquiry was conducted by the Deputy Collector, the Inquiry Officer, Burhanpur along with District Treasury Officer on 4th March, 2021. After calling in the details and performing an inquiry, the committee found that the doctor was responsible for embezzling funds worth Rs 3 lakh through forged bills.

After an inquiry report, an FIR was directed to be registered against the doctor. He was also suspended from his position. The counsel for the state argued that after recording the statements of the accountant and other officials, the doctor was found to be responsible for the embezzlement.

Further, the detail particulars of bill produced by the applicant made him a part of the inquiry. It was submitted that the "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."

As per the report in the India Legal Live, the high court had dismissed the anticipatory bail application, and had directed the accused to surrender and apply for regular bail.

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