Surender Kumar vs State Of Haryana And Another
2024 Latest Caselaw 6076 P&H

Punjab-Haryana High Court

Surender Kumar vs State Of Haryana And Another on 18 March, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

                                                                                    2024:PHHC:038400

                                   In the High Court for the States of Punjab and Haryana
                                                   At Chandigarh


                                                                       CRM-M-13642-2024 (O&M)
                                                                       Date of Decision:-18.03.2024


                 Surender Kumar                                                  ... Petitioner

                                                        Versus

                 State of Haryana and another                                  ... Respondents




                 CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL




                 Present:-            Mr. Joginder Siwach, Advocate for the petitioner.

                                      Mr. Ramender Singh Chauhan, AAG, Haryana.

                                                        *****

                 GURVINDER SINGH GILL, J.(Oral)

1. Today, at the very outset, learned counsel for the petitioner submits that the

matter is fixed before the lower Appellate Court for 30.03.2024 and that the

petitioner as well as petitioner's counsel before the lower Appellate Court

shall argue the matter on any date, as may be fixed by the lower Appellate

Court so that the same may be disposed of expeditiously.

2. Having heard the learned counsel for the petitioner, the instant petition is

disposed of with a direction to the lower Appellate Court not to enforce upon

the condition of the deposit of 20% of the amount of compensation, as had

been directed vide impugned order dated 15.01.2024. The said protection

shall remain in operation only till 30.03.2024 i.e. the date fixed before the

integrity of this order/judgment CRM-M-13642-2024 (O&M) (2) 2024:PHHC:038400

learned Additional Sessions Judge, Charkhi Dadri, subject to the condition

that the petitioner addresses arguments on the appeal itself.

3. If, for any reason, the appeal cannot be disposed of on 30.03.2024, then a

short date be fixed thereafter, not longer than one week to enable the parties

to address arguments in appeal. Every effort shall be made by the Court

concerned to finally dispose of the appeal at the earliest. In case, the counsel

for the appellant does not come forward to argue the appeal, or adjournment

is sought, stay shall stand automatically vacated, unless the lower Appellate

Court finds reason to extend the stay. In case, arguments are not addressed,

it shall also be open to the lower Appellate Court to nominate some counsel

from Legal Aid Panel to assist the Court on behalf of the appellant, so that

the matter is disposed of at the earliest.

4. A copy of this order be conveyed to the Additional Sessions Judge concerned

for information & necessary compliance.

5. The instant petition is disposed of accordingly.

                 18.03.2024                                     ( GURVINDER SINGH GILL )
                 mohan                                                  JUDGE



                                   Whether speaking /reasoned       Yes / No

                                   Whether Reportable               Yes / No







integrity of this order/judgment