1 CGHC010272222026 2026:CGHC:35741 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1966 of 2026 • Toran Kumar Nishad S/o Keju Ram Nishad Aged About 41 Years R/o- Bus Stand, Tahsil And District- Balod, Chhattisgarh ... Petitioner versus • Meena Jaiswal W/o Late Raj Kumar Jaysawal Aged About 40 Years R/o- Ward No.- 09, Mararpara, Balod, Tahsil And District- Balod, Chhattisgarh ... Respondent For Petitioner : Mr. Hemant Gupta, Advocate For Respondent : None Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 12.08.2026 1. The petitioner has filed the present Cr.M.P. assailing the order dated 19.06.2026 passed by learned Sessions Judge, Balod in Criminal Appeal No. 57 of 2026 by which learned appellate Court has imposed a condition to deposit 20% of compensation amount before the trial Court. 2. Learned counsel for the appellant would submit the aforesaid condition could not have been imposed upon the petitioner as a mandatory condition for consideration of the appeal and, therefore, prays that the impugned order be set aside. 3. I have heard learned counsel for the petitioner and perused the BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2026.08.13 15:00:29 +0530 2 material available on record. 4. It is well settled by the Hon’ble Supreme Court that, though the deposit of the amount is not mandatory, the legislation empowers the Court to direct payment of compensation to the extent of 20%, which is discretionary in nature. In the present case, the learned Appellate Court has exercised its discretion in directing such deposit. This Court, therefore, does not find any sufficient ground to interfere with the exercise of such discretionary power by the Appellate Court. 5. Accordingly, the petitioner is directed to deposit the said amount and the learned Appellate Court is directed to make an endeavour to decide Criminal Appeal No. 57 of 2026 on its own merits, preferably within an outer limit of three months from the date of depositing of said amount by the petitioner. 6. With the aforesaid observation and direction, the instant Cr.M.P. is disposed of. Sd/- (Narendra Kumar Vyas) Judge Bhumika