Balwinder Singh v. State Of Punjab And Another

CRM-M-48742-2025 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-48742-2025 Date of Decision : 02.09.2025 BALWINDER SINGH .... PETITIONER V/S STATE OF PUNJAB AND ANOTHER .... RESPONDENTS CORAM:HON'BLE MR. JUSTICE SUBHAS MEHLA Present :

Mr.Barjinder Singh, Advocate for the petitioner.

**** SUBHAS MEHLA, J. (Oral) 1.

The instant petition has been filed for quashing of impugned order dated 20.05.2025 (Annexure P-2) passed by learned Additional Sessions Judge, Sangrur in CRA-240-2025 titled as "Balwinder Singh vs. The Dirba Primary Cooperative Agriculture Development Bank Limited" whereby the learned Appellate Court has put unreasonable conditions imposed upon the petitioner to deposit 20% of the compensation amount of ₹45,00,000/- while suspending the sentence.

2.

Learned counsel for the petitioner contended that the petitioner is a poor labourer with no financial capacity to comply with such an unreasonable condition. The imposition of this pre-condition virtually deprives him of his statutory right to appeal and violates his fundamental right to liberty under Article 21 of the Constitution of India. 3.

Notice of motion.

Anju Goel 2025.09.11 13:05 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-48742-2025 -24.

Mr. Subhash Godara, Additional Advocate General, Punjab, accepts notice on behalf of respondent-State and opposes the contention raised by learned counsel for the petitioner. 5.

Heard.

6.

A perusal of the Appellate Court order dated 20.05.2025 shows that an opportunity was given to the petitioner to show any exceptional circumstances qua the requirement of waiver of depositing 20% of compensation amount but petitioner failed to satisfy the Appellate Court qua the existence of any such exceptional circumstance. 7.

After hearing learned counsel for the petitioner as well as learned State counsel and perusing the record, this Court is of the considered view that no ground is made out to interfere with the impugned order. 8.

Dismissed.

(SUBHAS MEHLA) JUDGE 02.09. 2025 anju Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Anju Goel 2025.09.11 13:05 I attest to the accuracy and integrity of this document Chandigarh