STATE OF NCT OF DELHI Vs. DHARAMBIR

JUDGEMENT

(1.) 1. The petitioner has filed the present petition with the prayer to set aside the directions passed by Additional Session Judge-03, Central District, Tis Hazari Court Delhi vide order dated 14.08.2019 in case FIR No. 22/2019 U/s 420/467/468/471 and 120-B IPC registered at P.S. IP Estate.

(2.) The facts relevant are that on 18.09.2015 a complaint was filed by Dr. Y.K. Sarin, Medical Superintendent, Lok Nayak Hospital, Delhi. On 30.01.2019, FIR bearing No. 22/2019 U/s 420/467/468/471 and 120-B IPC was registered at PS IP Estate. As per the complaint a Special Audit of accounts of Lok Nayak Hospital was conducted for the period 01.04.2012 to 31.08.2014 by the Directorate of Audit which submitted its report on 01.04.2015. In the said audit report, it was pointed out that a substantial amount of money was transferred through Electronic Clearing System (ECS) from the salary head account of Lok Nayak Hospital, Delhi to 10 bank accounts of unknown persons. As per the report a total sum of Rs. 1,29,47,603/- was transferred in the accounts of 10 unknown persons by one Rajesh Dahiya, LDC of the hospital who was posted in accounts branch of Lok Nayak Hospital and was looking after the work of preparation of salary bills of junior residents / senior residents in the account branch. Thereafter, accused Dharambir, Naveen, and Jagmander Singh moved an application for anticipatory bail which came up for hearing on 30.07.2019 before the Addl. Sessions Judge-03, Central District, Tis Hazari Court, Delhi.

(3.) During the course of hearing of this bail application, the Ld. A.S.J. observed that there was delay of more than 3 years in the registration of the FIR and also observed that not only the police officers holding the enquiry/investigation in the complaint but their superiors officers who allowed the matter to be suppressed are responsible and culpably accountable for this delay. The Ld. A.S.J. further observed that the probe has been botched up which gives an impression that the accused persons enjoyed the patronage of police officers who in turn were shielded by their superiors, thereby forming a cartel. After observing this and relying on Lalita Kumari Vs. Govt. of U.P., Crl. MP No. 5029 of 2014 in WP (Crl.) No. 68 of 2008 and Kanwar Sain Gupta Vs. NCT of Delhi, Crl. MC No. 2621/2012 dated 21.07.2016 of the High Court of Delhi, issued the following directions :