IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-25592 of 2010 Date of decision : 14.10.2010 Harinder Kumar Bhatnagar …. Petitioner Versus State of Punjab ….. Respondent Present: Mr. Veneet Sharma, Advocate for the petitioner. Mr. Gazi Mohd. Umair, DAG, Punjab. *** S.S. SARON, J. Heard counsel for the petitioner. The allegations against the petitioner are that Vaishno Dass, Naib Subedar was sanctioned service pension by the Principal Controller of Defence Accounts (Pension), Allahabad. He died on 10.9.1988. The petitioner, it is alleged, drew the pension of said Vaishno Dass, Naib Subedar from the office of Defence Pension, Disbursement Officer, Amritsar from 1.11.1978 to 31.12.2000. Thereafter, his pension was suspended due to non-identification. After a gap of six years, an application was filed for restoration of the pension from January 2001 to November 2005 vide application dated 29.11.2005. The petitioner submitted an affidavit and documents in support of his case for restoration of the pension. The pensioner was asked to attend the office for his personal identification and further processing of the pension case vide letters dated 9.12.2005, 20.1.2006 and 6.7.2006 but the individual concerned never appeared in the office. Dev Raj son of late Sh. Bua Ditta brother of Vaishno Dass reported that in fact his brother had died on 10.9.1988. He also submitted a copy of death certificate issued by the Crl. Misc. No. M-25592 of 2010 [2] Registrar Office, Death and Birth, UT, Delhi. He further informed that the widow of Vaishno Dass namely Smt. Rajvansh Kumari was sanctioned of family pension and she was drawing the pension from the office through Bank of India, Mall Road, Amritsar w.e.f. 11.9.1988 to 31.5.1996. Thereafter, her pension was transferred to DPDO-II Red Fort, New Delhi. It was informed that thereafter someone fraudulently was drawing the pension in connivance with the staff of the Punjab and Sind Bank, Sharifpura by impersonating as Vaishno Dass through a saving bank account in the said Bank. An amount of `3,08,440/- as per the record had been withdrawn. During investigation, it was found that the petitioner who was Senior Auditor, DDPO, Amritsar used to deal with Punjab and Sind Bank and he did not stop the pension. He (petitioner) by impersonating himself as Vaishno Dass withdrew the pension from 24.7.1996 to December 2000 and he withdrew an amount of `3,08,440/-. The offences attributed to the petitioner are indeed serious. However, the same are triable by the Magistrate of the Ist Class. The petitioner was arrested in the case on 14.6.2010 and since then he is in custody. The trial in the case is likely to take time. The case is based primarily on documentary evidence. Therefore, it is unlikely that he would tamper with the same. Besides, learned counsel for the petitioner submits that the petitioner undertakes not to interfere with the prosecution witnesses or tamper with the documents. The charge-report (challan) in the case has been filed and the case is now fixed on 21.10.2010 for framing charges. The custody of the petitioner is not required. Therefore, no useful purpose would be served by keeping him further incarcerated. Accordingly, the Crl. Misc. petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the learned trial Magistrate shall be admitted to bail. (S.S. SARON) JUDGE October 14, 2010 amit