CR.R/234/2020
2021 Latest Caselaw 2567 HP

Cr. R. No. 234 of 2020

06.04.2021 Present: Mr. D.S. Kainthla, Advocate, for the petitioner.

.

Mr. Sanjay Dalmia, Advocate, for the respondent.

Cr. MP No. 552 of 2021

By way of this application, a prayer has been made

for modification of order dated 14.10.2020, passed in Cr. MP

No. 1392 of 2020, to the extent that the petitioner/applicant be

permitted to deposit 30% of the entire compensation amount,

as has been ordered to be paid by the petitioner/applicant by

the learned Trial Court. This Court vide order dated

14.10.2020, while allowing the application of the petitioner to

suspend the sentence imposed upon him, had directed the

petitioner to deposit the entire compensation amount, in terms

of the judgment passed by the learned Trial Court. However,

having heard learned counsel for the petitioner/applicant, this

Court is of the view that interest of justice will be served in

case said order is modified by permitting the petitioner to

deposit at least 50% of the compensation amount imposed

upon him by the learned Trial Court. Ordered accordingly.

Order dated 14.10.2020 stands modified to the

extent that instead of depositing the entire amount of

compensation, the petitioner shall deposit 50% of the

compensation amount. In order to show his bonafides, the

petitioner shall deposit an amount of rupees one lac within a

period of three weeks from today towards deposition of 50% of

the compensation amount and the balance amount within

three weeks thereafter.

It is clarified that the amount already deposited by

.

the petitioner/applicant shall be taken into consideration while

calculating 50% of the compensation amount. The application

stands disposed of.

At this stage, learned counsel for the respondent

submits that the respondent may be permitted to move an

appropriate application before the learned Trial Court for

release of the amount, which has been deposited by the

petitioner/applicant before the said Court.

Learned counsel for the petitioner/applicant

submits that he has no objection in this regard.

Accordingly, it is ordered that in case any

application is filed by the respondent before the learned Trial

Court for release of the amount deposited by the present

petitioner, then the same be decided by the learned Court

below without being influenced by the pendency of this

Revision Petition before this Court.

(Ajay Mohan Goel) Judge April 06, 2021 (bhupender)