GEETA SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) Learned Additional Advocate General has filed the status report and ASI Om Prakash Sharma, I.O., Police Station, Theog has produced the record. Consequent upon the directions issued on the previous dates, the accused-petitioner remained associated with the investigation of the case. The investigation, however, is still in progress and according to learned Additional Advocate General, the amount she allegedly embezzled, is yet to be recovered from her. The plea raised on behalf of the accused-petitioner, however, is that whatever amount pertaining to 'Rogi Kalyan Samiti', she collected; during discharge of her duties stands deposited with the complainant i.e. Senior Medical Officer, Civil Hospital, Theog, who is Drawing and Disbursing Officer also. The record reveals that she has produced one office order and two receipts to show that under the directions of the complainant she was required to deposit the amount in question with him and that she had been depositing the same with him from time to time. The receipts he allegedly issued have been pressed in service in this behalf.

(2.) Learned Additional Advocate General has disputed the authenticity and genuineness of the documents so produced by the accused-petitioner on account of being not genuine. The status report reveals that the steps to ascertain the genuineness and authenticity of these documents through scientific process, are being taken.

(3.) True it is that the offence allegedly committed by the accused-petitioner is grievous and heinous one as she has misappropriated the money, being collected in the Hospital by way of user charges etc. for the welfare and well being of the poor patients, who have no means to bear the medical expenses. However, the investigation in the case is still in progress. There is no complaint that the accused-petitioner when called upon to join the investigation failed to do so. She even is permanent resident of District Shimla and as such can reasonably be believed to have roots in the Society. Therefore, there is no apprehension of her fleeing away from justice or jumping over the bail.