IN THE HIGH COURT OF PUNJAB & HARYANA 122 Farukh Ali Rajroop CORAM : HON'BLE MR. JUSTICE Present :- Mr. for the petitioner. ***** VINOD S. BHARDWAJ The 13.01.2025, whereby the learned Additional Sessions Judge, Panipat has directed the petitioner to deposit 20% of the compensation amount within a period of 60 days from the date of the passing of th bail of the petitioner shall be cancelled and order of suspension of sentence shall be withdrawn. 2. Learned counsel for the petitioner contends that the Court vide order dated 13.01.2025 has directed the petitioner to deposit 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 further contends that the petition 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 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-49152 Date of decision: VERSUS HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Mr. Divyam Singh, Advocate (through V.C.) for the petitioner. ***** VINOD S. BHARDWAJ, J. (Oral) The present petition has been filed 13.01.2025, whereby the learned Additional Sessions Judge, Panipat has directed the petitioner to deposit 20% of the compensation amount within a 60 days from the date of the passing of th bail of the petitioner shall be cancelled and order of suspension of sentence shall be withdrawn. Learned counsel for the petitioner contends that the Court vide order dated 13.01.2025 has directed the petitioner to deposit 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 pre further contends that the petitioner would be satisfied in case h 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 THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 49152-2025 (O&M) Date of decision: 04.09.2025 ...Petitioner ...Respondent VINOD S. BHARDWAJ Divyam Singh, Advocate (through V.C.) present petition has been filed impugning the order dated 13.01.2025, whereby the learned Additional Sessions Judge, Panipat has directed the petitioner to deposit 20% of the compensation amount within a 60 days from the date of the passing of the order, failing which, the bail of the petitioner shall be cancelled and order of suspension of sentence Learned counsel for the petitioner contends that the Court vide order dated 13.01.2025 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 incapable of making the pre-deposit. He er would be satisfied in case 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 SUMIT SINGH GUSAIN 2025.09.04 19:02 I attest to the accuracy and integrity of this document 122 CRM 3. In view of the order which this Court proposes to pass, the issuance of a formal notice to the respondent would not be necessary. 4. Having gone through the impugned order as well as the averments containe present petition appropriate application for seeking waiver by way of an appropriate application within 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 10 days from today so as to enable the petitioner to move thereafter, an appropriate order shall be passed by the court dealing with the said application. 6. Accordingly, t 7. Pending misc. applicatio of. 04.09.2025 Sumit Gusain Whether speaking/reasoned Whether reportable CRM-M-49152-2025(O&M) In view of the order which this Court proposes to pass, the issuance of a formal notice to the respondent would not be necessary. Having gone through the impugned order 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 application for seeking waiver/redetermination of the pre an appropriate application within a period of 10 days from today. 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 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 remain in operation for a period of 10 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 said application. 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 In view of the order which this Court proposes to pass, the issuance of a formal notice to the respondent would not be necessary. Having gone through the impugned order as well as the d 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 a period of 10 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 remain in operation for a period of 10 days from today so as to enable the such an application before the Appellate Court and thereafter, an appropriate order shall be passed by the court dealing with the stands disposed of. n(s), if any, shall also stand disposed (VINOD S. BHARDWAJ) JUDGE SUMIT SINGH GUSAIN 2025.09.04 19:02 I attest to the accuracy and integrity of this document