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2025 DAILYLAW 97137 (PNJ)

GURDEEP SINGH v. VIRENDER SINGH

CRM-M/48862/2025 · 2025-09-16

Vinod S Bhardwaj

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA 115 Gurdeep Singh Virender Singh CORAM : HON'BLE MR. JUSTICE Present :- Mr. for the petitioner. ***** VINOD S. BHARDWAJ The 09.07.2025, whereby the learned Additional Sessions Judge, directed the petitioner to deposit 20% of the compensation amount before 03.09.2025, failing which, the order of suspension of sentence shall be withdrawn. 2. Learned counsel for the petitioner contends that the Court vide order dated of the compensation amount while considering the application for suspension of sentence of the petitioner opportunity to the petitioner to establish the underlying circumstances and financial hardship faced by him which render him pre-deposit. He further contends that the petition he is granted an opportunity to move an appropriate application to put forth the circumstances as would require a lenient view to be taken and the requirement of pre 3. In view of the order which this Court proposes to pass, the IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-48862 Date of decision: VERSUS HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Mr. Ashish Bansal, Advocate, for the petitioner. ***** VINOD S. BHARDWAJ, J. (Oral) The present petition has been filed , whereby the learned Additional Sessions Judge, directed the petitioner to deposit 20% of the compensation amount before 03.09.2025, failing which, the order of suspension of sentence shall Learned counsel for the petitioner contends that the Court vide order dated 09.07.2025 has directed the petitioner to deposit 20% of the compensation amount while considering the application for suspension of sentence of the petitioner opportunity to the petitioner to establish the underlying circumstances and financial hardship faced by him which render him deposit. He further contends that the petition is granted an opportunity to move an appropriate application to put forth the circumstances as would require a lenient view to be taken and the requirement of pre-deposit to be revisited. In view of the order which this Court proposes to pass, the IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 48862-2025 (O&M) Date of decision: 16.09.2025 ...Petitioner ...Respondent VINOD S. BHARDWAJ present petition has been filed impugning the order dated , whereby the learned Additional Sessions Judge, Gurugram has directed the petitioner to deposit 20% of the compensation amount on or before 03.09.2025, failing which, the order of suspension of sentence shall Learned counsel for the petitioner contends that the Appellate has directed the petitioner to deposit 20% of the compensation amount while considering the application for suspension of sentence of the petitioner without even granting an opportunity to the petitioner to establish the underlying circumstances and financial hardship faced by him which render him incapable of making the deposit. He further contends that the petitioner would be satisfied in case is granted an opportunity to move an appropriate application to put forth the circumstances as would require a lenient view to be taken and the In view of the order which this Court proposes to pass, the SUMIT SINGH GUSAIN 2025.09.19 15:41 I attest to the accuracy and integrity of this document 115 CRM issuance of a formal notice to the respondent would not be necessary. 4. Having gone through the impugned order averments contained in the present petition, I am of the opinion that the present petition appropriate application for seeking waiver by way of an appropriate application within a period of 1 In the event of any such application Appellate Court shall consider the said application in view of the law laid down by the Hon’ble Supreme Court in decided on 04.09.2023 Development Corporation Ltd. and other 5. The order of suspension of sentence of the petitioner is directed to remain in operation for a period of 15 petitioner to move thereafter, an appropriate order shall said application. 6. Accordingly, t 7. Pending misc. application(s), if any, shall also stand disposed of. 16.09.2025 Sumit Gusain Whether speaking/reasoned Whether reportable CRM-M-48862-2025(O&M) suance of a formal notice to the respondent would not be necessary. Having gone through the impugned order contained in the present petition, I am of the opinion that the can be disposed of with liberty to th application for seeking waiver/redetermination of the pre an appropriate application within a period of 1 event of any such application being ourt shall consider the said application in view of the law laid down by the Hon’ble Supreme Court in Criminal Appeal No.2741 of 2023 decided on 04.09.2023 titled “Jamboo Bhandari Vs. M.P. State Industrial Development Corporation Ltd. and others”. The order of suspension of sentence of the petitioner is directed in operation for a period of 15 days from today so as to enable the petitioner to move such an application before the Appellate C thereafter, an appropriate order shall be passed by the court dealing with the . Accordingly, the instant petition stands disposed of. ending misc. application(s), if any, shall also stand disposed (VINOD S. BHARDWAJ) Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 2 suance of a formal notice to the respondent would not be necessary. Having gone through the impugned orders as well as the contained in the present petition, I am of the opinion that the can be disposed of with liberty to the petitioner to move an /redetermination of the pre-deposit an appropriate application within a period of 15 days from today. filed by the petitioner, the ourt shall consider the said application in view of the law laid Criminal Appeal No.2741 of 2023 Jamboo Bhandari Vs. M.P. State Industrial The order of suspension of sentence of the petitioner is directed days from today so as to enable the such an application before the Appellate Court and be passed by the court dealing with the stands disposed of. ending misc. application(s), if any, shall also stand disposed (VINOD S. BHARDWAJ) JUDGE SUMIT SINGH GUSAIN 2025.09.19 15:41 I attest to the accuracy and integrity of this document