Jal Mohinder Singh vs Rangi Ram

Gurvinder Singh Gill , J

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 24.07.2023. The said protection shall be subject to the condition that the petitioner addresses arguments on the appeal, which is stated to be fixed before the learned lower Appellate Court on 07.03.2024.

In case, any application under Section 311 Cr.P.C. or any other application is proposed to be filed by the petitioner, the same be filed on or before 23.2.2024 which shall also be disposed off at the earliest. If, for any justifiable reason, the appeal or the application, if any is filed, cannot be disposed off on 07.03.2024, then a short date be fixed thereafter, not longer than one week to enable the parties to address arguments with respect to appeal and application. Any such application as well as appeal be heard together.

If the Court comes to a justifiable conclusion that any application under Section 311 or any other application is to be allowed, and the matter is required to be adjourned to enable the parties concerned to do the needful, then shortest possible adjournment be granted by imposing strict conditions for compliance.

Every effort shall be made by the Court concerned to finally dispose off the appeal within the coming 4 weeks. In case the counsel for the appellant does not come forward to argue the appeal, or adjournment is sought, the interim directions (regarding stay) shall stand automatically vacated and the Court shall proceed to effect recovery of 20% of compensation as per its order dated 24.7.2023. In such a situation, it shall be open to the Appellate Court to nominate some counsel from Legal Aid Panel to assist the appellant/Court so that the matter is disposed off at the earliest.

The instant petition is disposed of accordingly.