IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 28.01.2025 Naresh Kumar .....Petitioner Versus Suresh Kumar .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present : Mr. Divyam Singh, Advocate for the petitioner.

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MANJARI NEHRU KAUL, J. (ORAL)

1. The petitioner in the instant petition is challenging order dated 14.03.2024 passed by learned Additional Sessions Judge, Panipat in case Criminal Appeal No.109 of 2024 titled as 'Naresh Kumar Vs. Suresh Kumar' whereby he was directed to deposit 20% of the compensation amount awarded by the learned Trial Court.

2. Learned counsel for the petitioner submits that the impugned order which has been passed by the learned Sessions Judge reflected an arbitrary exercise of judicial discretion. It has been vehemently submitted that the learned appellate Court erred in directing the petitioner to deposit 20% of the compensation amount, while suspending his sentence as no arbitrary constraints could be imposed on the rights of the personal liberty of a person.

3. It has been submitted that the condition imposed by the learned appellate Court was onerous, more so since the petitioner did not have the financial means