SANJEEV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Apprehending arrest in connection with FIR No. 04/18 dated 8.1.2018, registered at P.S. Sadar Shimla, District Shimla, HP, under Sections 419, 420, 467, 471 and 120-B of IPC, bail petitioner has approached this Court by way of instant bail petition.

(2.) Sequel to order dated 22.1.2018, ASI Ajit Singh, PS Sadar Shimla, District Shimla, H.P., has come present along with records. Record perused and returned. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on the basis of investigation carried out by the Investigating Agency till date, perusal whereof suggests that aforesaid FIR came to be registered against the bail petitioner at the behest of the complainant namely Jagdish Sharma, District Treasury Officer, District Shimla, HP, who alleged that the petitioner fraudulently and unauthorisedly withdrew an amount of Rs. 4,76,418/-, from the Treasury. As per the complainant, father of the petitioner was holder of P.P.O. No. 110802904 and had been continuously withdrawing pension after his retirement from the Governor Secretariat. Late Shri Jagan Nath, who happened to be father of the petitioner, rendered his services in the Governor Secretariat as Khidmatkar, before his superannuation. Aforesaid pensioner retired on 30.4.2008 and since then, his pension was being sent online to his saving account No. 65002546045, State Bank of India, Chhota Shimla. On 7.12.2017, bail petitioner impersonating himself to be pensioner i.e. late Shri Jagan Nath, approached the Manager of the State Bank of India, for issuance of life certificate, which is required to be submitted every year. Manager of the said Bank advised the petitioner to make available identity card/proof, if any, to enable him to issue life certificate, but fact remains that the petitioner was unable to produce any identity proof and as such, manager got suspicious and accordingly, informed the matter to the District Treasury Officer, District Shimla, who in turn after having verified record informed that the pensioner namely Jagan Nath, has expired on 24.4.2014 and as such, aforesaid FIR, came to be, lodged against the bail petitioner.

(3.) Investigation reveals that the bail petitioner despite having knowledge of the death of the pensioner (father of the bail petitioner), unauthorisedly and fraudulently kept on withdrawing pension from saving account of late Jagan Nath till 1.9.2017 and never disclosed factum with regard to the death of his father i.e. pensioner, to the department. Rather, petitioner fraudulently procured life certificate from different quarters and submitted the same to the pension disbursing authorities and in this manner, misappropriated an amount of Rs. 4,76, 418/-, after the death of pensioner late Sh. Jagan Nath.