SUJATA BANGRE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision filed under Section 397 read with Section 401 of the Cr.P.C. against the judgment dated 29.01.2018, passed by learned Additional Judge to the Court of First Additional Sessions Judge, Balaghat, wherein charges have been framed against the applicant for the offences punishable under Section 409 read with Section 120-B of I.P.C. and Section 420 read with Section 120-B of I.P.C.

(2.) Bereft of unnecessary details, the facts necessary for the disposal of this revision are that, FIR has been lodged at the Police Station Langi on 20.06.2014, for the offence punishable under Sections 409, 420 and Section 120-B read with Section 34 of I.P.C. on the written complaint that accused Virendra Ade a teacher remained in custody in connection with Criminal Case No.502/2010 from 18.06.2012 to 25.07.2018 for 38 days. He was convicted and sentenced to undergo for six months imprisonment on 23.02012 for the offence under Section 138 of Negotiable Instrument Act and also saddled with compensation of Rs. 1,50,000/-. This fact was known to the accused persons, who were the officials in the department and the medical officer who had given the medical certificate including the applicant the Sankul Pracharya of the School above the accused was serving as Teacher at the relevant time. Other accused persons namely Dr. Pradeep Gedam (Chief Medical Officer), Bhagwat Prasad Kalpure (Head Master of the school) and Shri Rajendra Latare (District Education Officer). Applicant Virendra Ade, Teacher remained in custody but on his application for medical leave was granted and for the same period, he was in jail and salary was disbursed to him. This matter was investigated by the Police Station, Langi on a written complaint and subsequently, charge-sheet filed before the J.M.F.C, Balaghat for the offence punishable under Sections 409, 420 and 120-B read with Section 34 of the IPC against all the accused persons including the present applicant Smt. Sujata Bangre the then Sankul Pracharya.

(3.) It is claimed that accused was sent to custody on 18.06.2012, to sub-jail, Balaghat and was released on bail on 25.07.2012. It is also alleged that he prepared a forged medical certificate with the help of Dr. Pradeep Gedam for the period of 18.06.2012 to 25.07.2012 (38 days) in that period he remained in custody and submitted it before the authorities. The accused no.2 Sujata Bangre, Sankul Pracharya and Bhagwat Prasad Kalpure, Principal knowing well that the accused was in custody for that period, but allowed his application for leave and accused no.4, the District Education Officer having knowledge of the applicant that he was in custody, but for the same period, passed the salary bill. Therefore, they were in conspiracy with the accused Virendra Ade and passed the forged medical bill and paid the salary for the period the accused Devendra Ade remained in custody. The medical certificates was issued on 18.06.2012 and 27.07.2012 by Dr. Pradeep Gedam, Chief Medical Officer, Primary Health Centre, Lanji counter signed by Dr. Pradeep Gedam, C.M.O. and Bhagwat Prasad Kalpure, Principal Government Higher Secondary School, Temini.