Rohan Raghuram Shetty vs State Of Goa

Sandeep K. Shinde, J

Heard learned Counsel for the Applicant and the learned Public Prosecutor for the State.

Apprehending arrest in connection with Crime No. 81/2022, registered with Panaji Police Station for the offence punishable under Section 408 of the Indian Penal Code, the Applicant seeks pre-arrest bail. The Applicant was an employee of the complainant. The complainant is a distributor for Samsung India Electronics Limited for mobile phones and accessories. The Applicant was working as a salesman cum collection incharge to handle sales and collection activities with the complainant. The complainant would allege that the Applicant misappropriated the property (mobile phones), which were entrusted to him.

Prima facie, it appears that the alleged misappropriation of the property was done before imposing the nationwide lockdown, however, the complaint was filed on 01.04.2022, whereafter, the FIR came to be registered on 19.04.2022.

The learned Counsel for the Applicant would contend that before the registration of the FIR, the Applicant has reported to the Police Station on more than one occasion and has co-operated with the enquiry.

Be that as it may, the learned Sessions Court declined pre-arrest protection to the Applicant.

The learned Public Prosecutor would contend that the prosecution has recorded the statements of two persons to whom, the Applicant allegedly, sold two mobile handsets, without raising the bills, and further, the Applicant did not deposit the cash allegedly, collected from them. The learned Public Prosecutor further submitted that the investigation is in progress inasmuch as the prosecution is trying to locate the whereabouts of the purchasers on IMEI numbers provided by the complainant. Today, the Investigating Officer is not present, therefore, the learned Public Prosecutor seeks time to produce the investigation record and in particular, the statements of two persons to whom, the two handsets were sold by the Applicant.

Time granted. Stand over to 23.06.2022.

In the meanwhile, the Applicant shall not be arrested. However, he shall join the investigation by reporting to the Investigating Officer tomorrow i.e. on 16th June 2022 at 10:00 a.m. and thereafter, as and when called by the Investigating Officer. The Applicant shall furnish the particulars of his residence and contact details to the Investigating Officer tomorrow itself.

Stand over to 23.06.2022 for further consideration.