Crl. Misc. -M No. 26900 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. -M No. 26900 of 2011 (O&M) Date of Decision: 15.9.2011 Narinder Pal Singh ..Petitioner. Vs. State of Punjab ..Respondent. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present : Mr. Akshay Bhan, Advocate for the petitioner. Mr. P.S. Bajwa, Deputy Advocate General, Punjab. RAJESH BINDAL, J. The allegations against the petitioner in the FIR are that the petitioner had withdrawn an amount of ` 31291/- from the account of his father, transferred therein as pension for a period of one year after his death. However, immediately after realising the mistake, the petitioner deposited the amount back with the authorities vide Demand Draft dated 9.3.2006 and the dispute thereafter stood settled. The FIR has been registered now as the wife of the petitioner is a Municipal Councilor in Moga having affiliation with a political party not in power in the State only to malign the family in the coming elections. The present FIR has been got registered after a delay of more than 5 years. Nothing is to be recovered from the petitioner. On the other hand, learned counsel for the State submitted that considering the allegations levelled against the petitioner in the FIR where he had been withdrawing pension of his father for about one year after his death, the petitioner does not deserve concession of pre arrest bail. After hearing the learned counsel for the parties and considering the fact that alleged fraudulent withdrawal of pension was in the years 2003 and 2004 and the amount had already been deposited by the petitioner with the authorities in March 2006 and the FIR was registered only on 28.7.2011, in my opinion, the petitioner is not required to be taken into custody for interrogation. He shall appear before Investigating Officer on 26.9.2011 at 10 A.M. to join investigation. In case of arrest, he shall be Crl. Misc. -M No. 26900 of 2011 -2- released on furnishing of bail bonds to the satisfaction of Arresting/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. ( Rajesh Bindal ) 15.9.2011 Judge Meenu