Advocates:
['SURFARAJ KHAN', '', 'RISHI SAHU', 'Deepali Dubey', 'BANHIMAN ROY', 'A G']

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 1437 of 2021

•

Arindam Majumdar, S/o Shri Ashok Majumdar, Aged About 41 Years, R/o

Vivekanand Colony, Mopka, Tehsil- Bilaspur, District-Bilaspur Chhattisgarh

---- Applicant (In jail)

Versus

•

State of Chhattisgarh Through Station House Officer, Devendra Nagar, District-

Raipur Chhattisgarh

---- Respondent

--------------------------------------------------------------------------------------------------------------------

For Applicant

:

Shri Surfraj Khan, Advocate

For Respondent/State

:

Shri Vimlesh Bajpai, Government

Advocate

--------------------------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Parth Prateem Sahu

Order on Board

(Proceeding through Video Conferencing)

08.07.2021

1.

Applicant has preferred this application under Section 439 of CrPC for

grant of regular bail as he was arrested in connection with Crime No.20 of 2021

registered at Police Station- Devendra Nagar, District- Raipur, Chhattisgarh for

the offence punishable under Section 408 of the IPC.

2.

Case of the prosecution, in brief, is that present applicant is working as

DGM (Deputy General Manager) (Sales) with the Finolex Cables Limited,

Branch at Raipur. On verification for the period from 01.04.2017 to 02.08.2019

done on 04.08.2019, Company detected some fault in the stock and

explanation was called from the applicant and other co-accused person- P Shiv

Kumar, who was working as Senior Commercial Officer. When the

explanation offered by him was not found satisfactory, matter was reported to

the Police Station, based upon which crime was registered against applicant

MCRC 1437 of 2021

2

and co-accused P Shiv Kumar, initially for committing offence punishable

under Section 408 of the IPC.

3.

This bail application was filed prior to filing of charge-sheet. During

the course of investigation, statements of dealers and others were

recorded, based upon which, charge-sheet is filed for offences under

Section 408, 420, 467/34 of the IPC and Section 66D of Information

Technology Act, 2000.

4.

Shri Surfaraj Khan, learned counsel for the applicant would submit

that applicant was working as DGM(Sales) in the Company. Looking to

the nature of his work, he is not having the duty to maintain the stock in

any manner, there is no involvement of present applicant with stock and

in making false entries in the Computer as alleged. He would further

submit that as per allegation, manipulation of stock is from 01.04.2017 to

02.08.2019, for a period of more than two years. Every big Company is

managing and supervising its stock through centralised system and

software named SAP (Systems Applications and Products in Data

Processing), and the same is used by the complainant Company,

hence, there is no question of manipulating stock which is to be

maintained at godown level. His work is only to look after the sales by

taking orders of dealers. He further submits that after applicant's arrest,

charge-sheet has already been filed and case is to be proved on the

basis of documents. No further custodial interrogation is require. There is

no possibility of absconding of applicant and he is ready to abide by all

terms and conditions imposed upon him, if he is granted bail.

MCRC 1437 of 2021

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5.

Shri Vimlesh Bajpai, learned State counsel opposing the submission

made by learned counsel for the applicant submits that the applicant

while holding the post of DGM(Sales) in the Company, has embezzled

the manipulated stock in collision with co-accused- P Shiv Kumar and as

per the statement recorded under Section 161, applicant has also

collected amount of Rs.7,22,45,651/- from the dealers, but not deposited

the same in Company's account. He submits that during the course of

investigation, offences under Sections 420, 467/34 and Section 66D of

the Information