Surender Kumar vs State Of Haryana And Another

Punjab-Haryana High Court

Surender Kumar vs State Of Haryana And Another on 6 May, 2024

                                Neutral Citation No:=2024:PHHC:062533




CRM-M-22211-2024                                                  1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

                          CRM-M-22211-2024
                          Date of decision : May 06, 2024


Surender Kumar                                       ....Petitioner
                          VERSUS

State of Haryana and another                         ....Respondents



CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI


Present :   Mr. Vivek Goyal, Advocate, for the petitioner
            Mr. Bhupender Singh, DAG, Haryana

KULDEEP TIWARI,J. (ORAL)

1. Through the instant petition, the petitioner seeks quashing of the order dated 31.3.2023 (Annexure P-1), whereby, the learned Additional Sessions Judge, Kurukshetra has directed him to deposit 20% of the compensation amount within 60 days before the learned trial Court concerned, and order dated 10.7.2023 (Annexure P-2), whereby, order granting suspension of sentence was ordered to be vacated, and the bail granted to the petitioner is also ordered to be cancelled because of non-payment of compensation amount.

2. The petitioner has been convicted by the learned trial Court concerned, vide judgment dated 27.2.2023, and vide order on 1 of 3 ::: Downloaded on - 11-05-2024 06:19:46 ::: Neutral Citation No:=2024:PHHC:062533 CRM-M-22211-2024 2 quantum of sentence dated 3.3.2023, he was sentenced to undergo simple imprisonment for a period of one year, and to pay compensation to the tune of double of the amount of impugned cheque, under Section 357(3) Cr.P.C.

3. The verdict of conviction, and order of sentence (supra) caused grievance to the petitioner, and triggered him to institute a statutory appeal before the learned appellate court concerned, which is pending adjudication. However, the learned appellate court concerned has, through the impugned order dated 31.3.2023 (Annexure P-1), directed him to deposit 20% of the compensation amount within 60 days therefrom, before the learned trial Court concerned. Since the petitioner failed to deposit 20% of the amount, the learned appellate court concerned through the impugned order dated 10.7.2023, cancelled the bail of the petitioner and bail bonds were forfeited to the State. Feeling aggrieved by the impugned orders (supra), the petitioner has now approached this Court, through the instant petition.

4. The learned counsel for the petitioner, at the very outset submits that he is not assailing the impugned orders (supra), on merits and that the petitioner is ready and willing to comply with orders dated 31.3.2023 (Annexure P-1), if a reasonable time is granted to him.

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5. In view of the aforesaid, without going into the merits of the case, and considering the innocuous and bonafide prayer, as made by the petitioner is accepted. The impugned order 10.7.2023 (Annexure P/2) is quashed, and the petitioner is permitted to deposit 20% of the compensation amount as awarded by the learned appellate court concerned, within three months from today. On deposit of the same, the petitioner shall be released on bail, on his furnishing fresh bail bonds to the satisfaction of the learned trial court concerned.

6. Disposed of accordingly.

                                                      ( KULDEEP TIWARI )
May 06, 2024                                                JUDGE
     'tiwana'


                Whether speaking/reasoned ?              Yes/No
                Whether Reportable ?                     Yes/No




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