2025:HHC:14185 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 352 of 2025 Reserved on: 06.05.2025 Date of Decision: 16.05.2025 Sunil Kumar Panta ...Petitioner Versus Hira Lal ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. I.S. Chandel, Advocate. For the Respondent : None. Rakesh Kainthla, Judge The petitioner has filed the present petition against the order dated 24.2.2025, passed by learned Additional Sessions Judge, Rohru, vide which the appellant/petitioner was ordered to be released on bail subject to deposit of 20% of the compensation amount and furnishing of personal and surety bonds each in the sum of ₹50,000/- to the satisfaction of learned Trial Court. The grievance of the petitioner is that he is 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2025:HHC:14185 not in a position to deposit 20% of the compensation amount due to his poor financial condition, pendency of various complaints against him and his ailing parents who require money for their treatment. 2. It was laid down by the Hon’ble Supreme Court in Jamboo Bhandari Vs. M.P. State Industrial Development Corporation Ltd. and others 2023 INSC 822 that the appellate court can waive the condition of deposit of 20% of the amount if it is satisfied that the condition of deposit of 20% is unjust or would amount to deprivation of a right of appeal. 3. It appears from the order passed by the learned Appellate Court that its attention was not drawn to the conditions mentioned in the present petition, and the learned Appellate Court proceeded to pass the order treating the deposit of 20% of the compensation amount as mandatory. Therefore, in these circumstances, the matter is remitted to the learned Appellate Court, which will pass a specific order about the deposit of the compensation amount after considering the conditions mentioned by the petitioner. 3 2025:HHC:14185 4. The petitioner, through his counsel, is directed to appear before the learned Appellate Court on 22nd May, 2025. 5. The petition is disposed of with these observations, so also the pending miscellaneous application(s), if any. 6. The observation made herein-above shall remain confined to the disposal of the petition and will have no bearing, whatsoever, on the merits of the case. (Rakesh Kainthla) Judge 16th May, 2025 (Chander)