BALVIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 528 of BNSS, 2023, preferred by the petitioner impugning the order dtd. 29/8/2025 (Annexure P-3) passed by the learned Additional Sessions Judge, Sangrur, to the extent, that the execution of sentence and order appealed against has been suspended qua petitioner (herein) subject to depositing of 20% of the amount of compensation. The relevant portion of the impugned order reads thus:

(2.) Learned counsel for the petitioner has argued that the petitioner is not in a position to deposit the said amount of 20% of the compensation amount as awarded by the trial Court on account of financial difficulty and she is a disabled person. Learned counsel has further argued that due and requisite opportunity was not afforded to the petitioner before passing of the impugned order dtd. 29/8/2025 wherein condition for deposit of 20% of the amount of the compensation has been stipulated by the learned Sessions Court. Learned counsel has further iterated that imposition of such condition of deposit of 20% of the amount of compensation as awarded by the learned trial Magistrate would effectively amount to taking away the right of appeal of the petitioner. Thus, it has been submitted that the impugned order be quashed, to the extent, that a condition of deposit of 20% of the amount of compensation as awarded by the trial Court, has been imposed.

(3.) I have heard learned counsel for the petitioner and perused the paper-book.