Jaya Pradeep Ailani vs Dilip Parsram Sharma And Anr
2022 Latest Caselaw 977 Bom

                                                                                        1. REVN 56-2022.doc

            Digitally signed
            by RUPALI
            RAJESH

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RUPALI      WAKODIKAR
RAJESH      Date:
WAKODIKAR   2022.01.29
            12:12:41
            +0530

                                             CRIMINAL APPELLATE JURISDICTION
                                        CRIMINAL REVISION APPLICATION NO. 56 OF 2022
                                                           WITH
                                            INTERIM APPLICATION NO. 255 OF 2022
                                                           AND
                                            INTERIM APPLICATION NO. 256 OF 2022

                               Jaya Pradeep Ailani                                ...Applicant
                                    Versus
                               Dilip Parsram Sharma and Anr.                      ...Respondents

                               Mr. Suresh Malkani for the Applicant.

                               Mr. Pawan Mali for the Respondent No.1.

                               Mrs. Anamika Malhotra, A.P.P for the Respondent-State.

                                                         CORAM : REVATI MOHITE DERE, J.
                                                         DATE : 27th JANUARY, 2022
                                                         (Through Video Conferencing)

                               P.C. :


                               1.           Learned Counsel for the applicant has tendered an affidavit-

                               cum-undertaking of the applicant. The said affidavit-cum-undertaking is

                               taken on record and marked X-for identification.



                               2.           The Trial Court whilst convicting the applicant had awarded

                               compensation of Rs. 6,20,000/-, to be paid to the respondent No.1. The

                               said judgment and order of conviction passed by the Trial Court was

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                                                                      1. REVN 56-2022.doc


            confirmed by the Appellate Court.         The applicant filed a Revision

            Application against the said judgment and order of conviction and sentence

            passed by the Trial Court, which was confirmed by the Appellant Court.



            3.            In the said affidavit-cum-undertaking tendered today, the

            applicant has stated that the cheque in question is of Rs.5,00,000/- and that

            he has deposited Rs.1,55,000/- in the Appellate Court during the appeal.

            As far as the balance amount of Rs.3,45,000/- from the cheque amount is

            concerned, the applicant has undertaken to pay a sum of Rs.1,45,000/-

            within one week from today and further Rs.2,00,000/- within four weeks

            thereafter.



            4.            Learned Counsel for the respondent No.1 submits that the

            applicant be directed to deposit not only the balance cheque amount i.e. a

            sum of Rs.3,45,000/-, but also the entire compensation i.e. remaining

            amount of Rs.1,20,000/- to make-up the compensation amount awarded by

            the Trial Court.



            5.            Accordingly, the applicant to deposit Rs.1,45,000/- within one

            week from today and Rs.2,00,000/- within four weeks thereafter, as per the

            undertaking given by the applicant.

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                                                                         1. REVN 56-2022.doc




            6.            In addition, the applicant to also deposit Rs.1,20,000/- in the

            Registry of this Court, within further eight weeks, thereafter.



            7.            Considering the aforesaid, the applicant's sentence is

            suspended and he is granted interim bail on the following terms and

            conditions.

                                                ORDER

(i) The Applicant be enlarged on bail on furnishing P.R.

Bond in the sum of Rs.15,000/- with one or two sureties in the

like amount;

(ii) The applicant shall deposit the amount of Rs.1,45,000/-

within one week from today, further Rs.2,00,000/- within a

period of four weeks thereafter, and Rs.1,20,000/- within a

period of eight weeks thereafter, in the Registry of this Court.

8. Matter to be listed before this Court for compliance of deposit

of Rs.1,45,000/- on 7th February, 2022.

9. All parties to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

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