Bombay High Court
Rajesh Vitthal Baviskar vs M/S. Endress + Hauser (I) Pvt. Ltd ... on 23 March, 2022
Bench: R.P. Mohite-Dere
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2022.03.25 12:32:10
CHITNIS +0530
901-revn.297.2017w.ia.853.2022&appr..287.2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.287 OF 2017
(FOR BAIL)
WITH
CRIMINAL INTERIM APPLICATION NO.853 OF 2022
IN
CRIMINAL REVISION APPLICATION NO.297 OF 2017
WITH
CRIMINAL REVISION APPLICATION NO.297 OF 2017
Rajesh Vitthal Baviskar ...Applicant
Versus
Endress + Hausaer (I) Pvt. Ltd. and Anr. ...Respondents
Mr. Dilip B. Shinde, for the Applicant.
Mr. Jayant Bodke i/b Ms. Neha Mehta, for the Respondent No.1.
Mr. A. D. Kamkhedkar, A.P.P for the Respondent No.2- State.
CORAM : REVATI MOHITE DERE, J.
DATE : 23rd MARCH 2022
P.C. :
1. On several dates till 2017, the matters were adjourned from
time to time to enable the parties to arrive at an amicable settlement,
however, settlement has not taken place. Since, conviction warrant has
now been issued by the trial Court, the learned counsel for the applicant has
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circulated the aforesaid matters.
2. Learned Counsel for the applicant on the last date was asked to
file an affidavit-cum-undertaking of the applicant setting out how the
amount of compensation as awarded by the trial Court and confirmed by
the Appellate Court would be deposited by the applicant. Pursuant thereto,
the learned counsel for the applicant has tendered an affidavit-cum-
undertaking of the applicant dated 23rd March 2022, duly notarized. In the
said affidavit-cum-undertaking, the applicant has stated that the trial Court
had awarded compensation of Rs.43,09,876/- vide Judgment and Order
dated 29th January 2013 passed in Case No.826/SS/2009; and that the said
Judgment and Order of conviction and sentence was confirmed by the
Appellate Court. It is stated that the applicant had deposited a sum of
Rs.8,61,976/- in the trial Court i.e. in the Court of the learned Metropolitan
Magistrate, 72nd Court, Vikhroli, Mumbai on 26th September 2013 by
demand draft dated 24th August 2013 and a receipt to that effect is annexed
as Annexure - A to the affidavit-cum-undertaking. It is further stated by
the applicant that due to Covid 19 pandemic, the business was closed and
that he was facing severe financial crunch. The applicant has today brought
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a demand draft dated 22nd March 2022 drawn on the ICICI Bank Limited,
Ghatkopar-Pant Nagar Branch, Mumbai for Rs.4,31,000/-, in favour of the
learned Metropolitan Magistrate, 72nd Court, Vikhroli, Mumbai, alongwith
the said affidavit-cum-undertaking. The applicant has in para 5 of the said
affidavit-cum-undertaking set out in detail how the balance amount of
Rs.30,16,900/-will be deposited by the applicant in six installments by way
of demand draft i.e. Rs.5,02,816/- on or before 22 nd April 2022;
Rs.5,02,816/- on or before 22nd May 2022; Rs.5,02,816/- on or before 22nd
June 2022; Rs.5,02,816/- on or before 22nd July 2022; Rs.5,02,816/- on or
before 22nd August 2022 and Rs.5,02,816/- on or before 22 nd September
2022. The applicant has further undertaken in para 6 of the affidavit-cum-
undertaking to deposit the above demand drafts in the Court of the learned
Metropolitan Magistrate, 72nd Court, Vikhroli, Mumbai, on the dates as
stated aforesiad.
3. Having regard to the affidavit-cum-undertaking filed by the
applicant, the applicant's sentence is suspended and he is granted interim
bail, till the next date, on the following terms and conditions:
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ORDER
(i) The Applicant be enlarged on bail on furnishing P.R. Bond in the
sum of 25,000/- with one or two sureties in the like amount;
(ii) The Applicant shall deposit Demand Draft of Rs.4,31,000/-, within
one week from today in the Court of the learned Metropolitan Magistrate,
72nd Court, Vikhroli, Mumbai, and the balance amounts as stated aforesaid;
(iii) It is made clear that, if there is failure to deposit the amounts as
stated aforesaid, the interim bail granted by this Court shall stand vacated
automatically, without further reference to the Court;
(iv) Only having regard to the affidavit-cum-undertaking of the applicant,
the conviction warrant issued as against the applicant, is stayed till the next
date.
4. Stand over to 1st April 2022, for recording compliance of the
first deposit of Rs.4,31,000/-. Thereafter, the matters to be listed one week
after the aforesaid dates i.e. dates of due payments to ensure there is
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compliance of the affidavit-cum-undertaking.
5. In the meantime, the parties to explore the possibility of an
amicable settlement.
6. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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