Raj Kumar Sahni v. State Of Haryana & Another

CRM-M-37109-2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-37109-2025 Date of decision : 16.07.2025 Raj Kumar Sahni ... Petitioner

Versus

State of Haryana and another .. Respondents CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Hitesh Verma, Advocate for the petitioner. *** H.S. Grewal, J.(Oral) 1.

The instant petition has been filed under Section 528 of BNSS seeking quashing of order dated 19.05.2025 (Annexure P-9), passed by the Court of learned Addl. District & Sessions Judge, Faridabad in CRA-149-2022, titled as 'Raj Kumar Saini Vs. Gaurav', vide which application seeking exemption for personal appearance moved on behalf of the petitioner was dismissed on the sole ground that the petitioner has not deposited 20% of the compensation amount in the Court till date and the order of bail of the petitioner was cancelled and bail bonds and surety bonds were forfeited and all the consequential proceedings arising out of it being illegal, arbitrary and unlawful with a further prayer to that proceedings arising out of the aforesaid order may be stayed.

2.

Learned counsel for the petitioner submits that the petitioner has already deposited the 25% of the compensation amount vide Demand Draft in the concerned Court. He submits that the next date before the lower Appellate Renu Rawat 2025.07.18 10:28 I attest to the accuracy and integrity of this document

CRM-M-37109-2025 -2Court is 21.07.2025 and the petitioner is intending to argue the matter on the next date of hearing and he undertakes that he shall not seek any further adjournment.

3.

In light of the above, the instant petition is disposed of, without issuing notice to the respondent, with a direction to the petitioner to argue the appeal on the next date of hearing i.e. 21.07.2025 before the lower Appellate Court.

4.

The lower Appellate Court is also directed to hear the appeal on the date fixed and make a final decision within 15 days thereafter. In case, on the next date i.e. 21.07.2025, there are compelling circumstances to adjourn the appeal, a short date may be given to hear the final arguments. 5.

In the meantime, till the decision of the appeal, the impugned order dated 19.05.2025 (Annexure P-9) shall remain stayed. However, in case, the appeal is not argued on the next date i.e. 21.07.2025 or on any subsequent date as fixed before the lower Appellate Court, it shall be open to the lower Appellate Court to proceed further in accordance with law in order to enforce the impugned order (Annexure P-9).

(H.S.GREWAL) 16.07.2025 JUDGE renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Renu Rawat 2025.07.18 10:28 I attest to the accuracy and integrity of this document