JUDGMENT :

Heard.

2. Admit. The application is heard finally by consent of learned advocates for the parties.

3. In this revision application, challenge is to the order dated 1st June, 2018, passed by learned Additional Sessions Judge, Akola, whereby learned Additional Sessions Judge rejected the application made for discharge at Exh.31 by the applicant, who is accused No.5 in Special Case No.5 of 2009.

4. The facts are as follows :-

On the basis of the report lodged by Dr. Arun Thosar, a Civil Surgeon, Akola, a crime bearing No.227 of 2006 dated 30th November, 2006 was registered for the offences punishable under Sections 406, 409, 420, 468, 471, 120-B read with Section 34 of the Indian Penal Code, 1860 (IPC) and Sections 7, 13(c), (d) of the Prevention of Corruption Act, 1988 (P.C. Act). It is the case of the prosecution that between 1st April, 2004 and 30th November, 2006, goods and articles were purchased by the Officers of Laxmibai Deshmukh Hospital, Murtizapur, District Akola without any sanction order from the Government as well as without sanction of grant. The investigation revealed that the sanction orders were forged and fabricated. On the basis of the forged and fabricated sanction orders, bills were submitted without actual purchase of the goods and articles. Several accused were involved in this conspiracy and misappropriation of the government money. The investigation revealed that pursuant to the conspiracy, the accused misappropriated a sum of Rs.26,90,18,908/- (rupees twenty six crores ninety lakhs eighteen thousand nine hundred eight only). The Investigating Officer, during the course of investigation, collected voluminous documentary evidence and based on the documents, defined the role of each and every person involved in the conspiracy. After investigation, charge-sheet was filed against 25 accused. Learned Special Judge took the cognizance of the offences.

5. Applicant/accused No.5, after filing of the charge-sheet, applied for discharge under Section 227 of the Code of Criminal Procedure, 1973 (Cr.PC). The applicant, at the relevant time, was working as In-charge Superintendent and Drawing and Disbursing Officer of Laxmibai Deshmukh Hospital, Murtizapur between 1st August, 2005 and 29th November, 2006. It is his case that the Civil Surgeon, Civil Hospital, Akola at the relevant time was the Controlling Authority and as such was supposed to look after dayto- day affairs of the hospital. One Mr. Shaikh and Mr. Deshmukh, during the tenure of the applicant, were working as Storekeeper and Cashier respectively. It is his case that he has not committed any offence. He has not misappropriated a single pie of the Government. It is his case that while he was working as In-charge Superintendent of the said Hospital, he became suspicious of the activities of his Sub-ordinate Officers. He came to know that his Sub-ordinate Officers submitted the bills by forging his signature.

6. On 10th November, 2006 he, therefore, reported the matter to the Deputy Director of Health and requested him to conduct necessary enquiry. On 13th November, 2006, he reported the matter to the Superintendent of Police and pointed out that his Sub-ordinate Officers had committed malpractices. The Deputy Director of Health, on the basis of his communication, ordered an audit of the hospital. The Special Audit Team conducted the audit of the hospital and found that there were serious irregularities and malpractices. Similarly, the Special Audit Team came across the misappropriation of the government money by submitting false and fabricated bills and documents. Ultimately, the Civil Surgeon, on the direction of the superior, lodged a report at Murtizapur Police Station. On the basis of his report, the crime, as above, was registered. The investigation was taken over by the C.I.D., Akola.

7. It is stated that in the charge-sheet, there is no evidence against him. Not a single bill out of 40 bills submitted to the treasury, was signed by him. He was not