DALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard.

(2.) It is submitted by the learned Counsel for the petitioner that the petitioner was working as a Senior Clerk in the Ludhiana Central Cooperative Bank Ltd., Ludhiana. On 7.8.1998, he signed a Bank introduction form for opening a Saving Bank Account in the name of one Balwinder Singh on the basis of identification/recommendation of Paras Ram, Postman who used to come to the Bank for the delivery of letters. On 25.9.1998, cheque No. E 336142 dated 6.7.1998 issued by the Post Office was deposited in the said account which was cleared by the Head Post Office, Bharat Nagar Chowk, Ludhiana on 28.9.98. The amount of cheque was Rs. 44,31,370/-. It is submitted by the learned Counsel for the petitioner that petitioner informed the Manager of the Ludhiana Central Cooperative Bank that he would like to check up the bonafides of the person who had opened the account in view of such a heavy amount and he checked up and found that there was no person by the name of Balwinder Singh residing at the address given in the Bank account opening form. It is further submitted that he immediately wrote to the Manager of the Bank about this matter and the Manager of the Bank wrote vide letter to the Station House Officer, Police Station, Division No. 5, Ludhiana for registration of the case. It is submitted by the learned counsel for the petitioner that the petitioner acted on the faith of Paras Ram Postman who used to come to the Bank for delivery of the letters bonafide and if there had been any mala fide in him, he would not have informed the Manager of the Bank that he wanted to check up the bonafides of the person who had opened the account and he would not have told him that there was no person by the name of Balwinder Singh residing at the given address in the Bank account opening form. Learned Counsel for the petitioner submits that Dalbir Singh rose to the occasion in time and Bank was saved of the loss of Rs. 44,31,370/-.

(3.) Dalbir Singh is Senior Clerk in the Ludhiana Central Cooperative Bank Limited, Ludhiana. Facts are as they are custodial interrogation will not further the cause of investigation. Keeping in view that opening of the account in the name of Balwinder Singh has not resulted into any loss to the Ludhiana Central Cooperative Bank Ltd. or to the Union of India i.e. Head Post Office, Bharat Nagar Chowk, Ludhiana, I feel that Dalbir Singh petitioner should be allowed the indulgence of anticipatory bail. So, it is ordered that in the event of arrest, Investigating Officer will call upon him to furnish bail and he will join the investigation and keep joining the investigation as per the direction of the Investigating Officer. The amount to the tune of Rs. 44,31,370/- lying in the Account No. 8519 dated 28.9.98 in Central Co-operative Bank Limited, Ludhiana together with interest, if any, on that amount, shall be disbursed to the Head Post Office Bharat Nagar Chowk, Ludhiana through Senior Superintendent of Post Offices, Ludhiana City Division, Ludhiana.