Allowed

Jhariram Salam v. State of Chhattisgarh

Chhattisgarh HC22 Jun 2023MCRCA/330/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of five connected anticipatory bail applications under Section 438 CrPC filed by 48 applicants apprehending arrest in connection with an alleged assault on police personnel during a tribal rally. The court found that witnesses identified only two specific individuals and not the present applicants.

What did the court decide?

Anticipatory bail allowed subject to a personal bond of Rs. 25,000/- each with one surety and conditions to appear for interrogation and trial.

Jhariram Salam Vs State of Chhattisgarh — Anticipatory Bail | Chhattisgarh HC (2023)

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Page 1 of 7

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 326 of 2023

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Jhariram Salam, S/o Sukuram Salam, Aged About 54 Years R/o Village - Mainpur, Police Station - Benur, District - Kondagaon Chhattisgarh

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---- Applicant

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Versus

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State of Chhattisgarh Through The Station House Officer, Police Station - Narayanpur, District - Narayanpur Chhattisgarh

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---- Respondent

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MCRCA No. 327 of 2023

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Jhariram Salam, S/o Sukuram Salam, Aged About 54 Years R/o Village - Mainpur, Police Station - Benur, District - Kondagaon Chhattisgarh

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---- Petitioner

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Versus

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State of Chhattisgarh, Through The Station House Officer, Police Station - Narayanpur, District - Narayanpur Chhattisgarh

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---- Respondent

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MCRCA No. 330 of 2023

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Jhariram Salam, S/o Sukuram Salam Aged About 54 Years R/o Village - Mainpur, Police Station - Benur, District - Kondagaon (C.G.)

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---- Applicant

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Versus

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State of Chhattisgarh, Through The Station House Officer, Police Station - Narayanpur, District - Narayanpur (C.G.)

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---- Respondent

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MCRCA No. 331 of 2023

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Jhariram Salam, S/o Sukuram Salam Aged About 54 Years R/o Village- Mainpur, Police Station- Benur, District- Kondagaon, Chhattisgarh

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---- Applicant

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Versus

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State of Chhattisgarh Through The Station House Officer, Police Station- Narayanpur, District- Narayanpur, Chhattisgarh

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---- Respondent

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and

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MCRCA No. 627 of 2023

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Jagannath Salam, S/o Late Suduram Salam, Aged About 45 Years R/o Bagjhar, Police Station Jharaghati, District Narayanapur Chhattisgarh.

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Baiju Gavde, S/o Beeru Gavde, Aged About 45 Years R/o Kalikata, Police Station Jharaghati, District Narayanapur Chhattisgarh.

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Fuldhar Kachlam, S/o Late Kartikram Kachlam, Aged About 42

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Page 2 of 7

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Years R/o Benu, Police Station Benur, District Narayanapur Chhattisgarh.

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Narayan Markam, S/o Sudren Markam, Aged About 48 Years R/o Benur, Police Station Benur, District Narayanapur Chhattisgarh.

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Bindesh Salam, S/o Rupsai Salam, Aged About 26 Years R/o Village Remavand, Police Station Benur, District Narayanapur Chhattisgarh.

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Shyamlal Potai, S/o Ramu Potai, Aged About 35 Years R/o Village Bhatpal, Police Station Benur, District Narayanapur Chhattisgarh.

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Prem Usendi, S/o Suder Singh Usendi, Aged About 20 Years R/o Village Bhatpal, Police Station Benur, District Narayanpur Chhattisgarh.

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Ramji Nag, S/o Lachchhuram Nag, Aged About 33 Years R/o Village Malingnar, Police Station Benur, District Narayanpur Chhattisgarh.

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Sainuram Salam, S/o Padchhiram Salam, Aged About 35 Years R/o Village Malingnar, Police Station Benur, District Narayanpur Chhattisgarh.

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Jagnuram Nag, S/o Pohduram, Aged About 29 Years R/o Village Bhurwal, Police Station Benur, District Narayanpur Chhattisgarh.

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Chaitram Poyam, S/o Natthuram Poyam, Aged About 32 Years R/o Village Bhurwal, Police Station Benur, District Narayanpur Chhattisgarh.

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Karuram Baghel, S/o Balram Baghel, Aged About 50 Years R/o Village Bhurwal, Police Station Benur, District Narayanpur Chhattisgarh.

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Ratiram Korram, S/o Muraram Korram, Aged About 32 Years R/o Village Bhurwal, Police Station Benur, District Narayanpur Chhattisgarh.

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Brijlal Yadav, S/o Late Nirdhan Yadav Aged About 35 Years R/o Village Kulhadgaon, Police Station Benur, District Narayanpur Chhattisgarh.

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Love Kumar Vadde, S/o Mainuram Vadde, Aged About 22 Years R/o Village Kulhadgaon, Police Station Benur, District Narayanpur Chhattisgarh.

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Bhakturam Vadde, S/o Late Rainuram Vadde, Aged About 48 Years R/o Of Kulhadgaon, Police Station Benur, District Narayanpur Chhattisgarh.

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Nangsu Salam, S/o Late Jaggu Salam, Aged About 37 Years R/o Village Boravand, Police Station Benur, District Narayanpur Chhattisgarh.

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Sunder Nage, S/o Mankuram, Aged About 30 Years R/o Village Boravand, Police Station Benur, District Narayanpur Chhattisgarh.

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Raijuram Nag, S/o Massu Nag, Aged About 20 Years R/o Village Boravand, Police Station Benur, District Narayanpur Chhattisgarh.

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Moda Salam, S/o Gutta Salam, Aged About 20 Years R/o Village Boravand, Police Station Benur, District Narayanpur Chhattisgarh.

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Deshiram Tekam, S/o Chamruram Tekam, Aged About 33 Years

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Page 3 of 7

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R/o Village Khadkagaon, Police Station Edka, District Narayanpur Chhattisgarh.

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Budhram Vadde, S/o Rajaram Vadde, Aged About 45 Years R/o Village Khadkagaon, Police Station Edka, District Narayanpur Chhattisgarh.

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Rajman Mandavi, S/o Kajjuram Aged About 35 Years R/o Village Hitulwad, Edka, District Narayanpur Chhattisgarh.

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Mangli Kavde, W/o Mangau Ram, Aged About 26 Years R/o Village Irko, Edka, District Narayanpur Chhattisgarh.

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Lakhan Nureti, S/o Mankuram, Aged About 35 Years R/o Village Khodgaon, Police Station And District Narayanpur Chhattisgarh.

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Ankaluram Dugga, S/o Mangalram Aged About 45 Years R/o Village Khadkagaon, Police Edka, District Narayanpur Chhattisgarh.

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Ramprasad Kumeti, S/o Raisingh Kumeti, Aged About 45 Years R/o Village Anjrel, District Narayanpur Chhattisgarh.

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Gopal Dugga, S/o Pitiram Dugga, Aged About 48 Years R/o Village Garanji, District Narayanpur Chhattisgarh.

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Heera Singh Netam, S/o Suklal Netam, Aged About 35 Years R/o Village Palna, Police Station Benur, District Kondagaon Chhattisgarh.

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Munna Diwan, S/o Sadhu Diwan, Aged About 30 Years R/o Village Pala, Police Station Benur, District Kondagaon, Chhattisgarh.

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Shyamlal Diwan, S/o Sadhu Diwan, Aged About 40 Years /o Village Pala, Police Station Benur, District Kondagaon, Chhattisgarh.

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Fulsingh Netam, S/o Sukuram Netam, Aged About 37 Years R/o Village Pala, Police Station Benur, District Kondagaon, Chhattisgarh.

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Laxman Dhruw, S/o Budhram Dhruw, Aged About 23 Years R/o Village Gattapal Futanchandagaon, Police Station Benur, District Kondagaon, Chhattisgarh.

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Sevakram Netam, S/o Massuram Netam Aged About 23 Years R/o Village Chalka, Police Station Benur, District Kondagaon, Chhattisgarh.

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Ramdhar Sori, S/o Maniram Sori, Aged About 35 Years R/o Village Chalka, Police Station Benur, District Kondagaon, Chhattisgarh.

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Manaji Korram, S/o Lachchhuram Korram, Aged About 25 Years R/o Village Chalka, Police Station Benur, District Kondagaon, Chhattisgarh.

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Budhsingh Tekam, S/o Sadhu Tekam, Aged About 52 Years R/o Village Chingnar, Police Station Benur, District Kondagaon, Chhattisgarh.

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Balsingh Netam, S/o Mohan Singh , Aged About 22 Years R/o Village Futanchandagaon, Police Station Benur, District Kondagaon, Chhattisgarh.

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Sukdev Salam, S/o Santuram Salam, Aged About 21 Years R/o Village Futanchandagaon, Police Station Benur, District Kondagaon, Chhattisgarh.

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Kajja Madavi, S/o Fagnuram Mandavi, Aged About 19 Years R/o

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Page 4 of 7

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Village Boravand, Police Station Benur, District Narayanpur , Chhattisgarh.

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Sukluram Komra @ Sukdu, S/o Late Ghassuram Aged About 48 Years R/o Village Kasaifarasgaon, Police Station Urandabeda, District Kondagaon, Chhattisgarh.

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Bajuram Salam, S/o Aayturam Salam, Aged About 34 Years R/o Village Modenga, Police Station Benur, District Kondagaon, Chhattisgarh.

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Rajaram Yadav, S/o Late Fagnu Yadav, Aged About 50 Years R/o Of Kulhadgaon, Police Station Benur, District Kondagaon, Chhattisgarh.

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Ajay Marapi, S/o Sukru Ram, Aged About 34 Years R/o Kidri Para Kongud, District Kondagaon, Chhattisgarh.

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Sopsingh Dhruw, S/o Mansai Nag, Aged About 47 Years R/o Mode Bedma, Police Station Urandabeda District Kondagaon, Chhattisgarh.

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Rajau Usendi, S/o Lakhmu Usendi Aged About 45 Years R/o Garanji Police Station And District Narayanpur Chhattisgarh.

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Ramsingh Sori S/o Sondhar Sori, Aged About 36 Years R/o Chingnar, Police Station Benur, District Kondagaon, Chhattisgarh.

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Balsai Netam, S/o Lachhindhar Netam, Aged About 45 Years R/o Chingnar, Police Station Benur, District Kondagaon, Chhattisgarh.

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---- Applicants

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Versus

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State of Chhattisgarh, Through The Station House Officer, Police Station -Narayanapur District Narayanpur Chhattisgarh.

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---- Respondents

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For Applicants : Mr. Yashwant Singh Thakur, Advocate. For State/ Respondent : Mr. Avinash K. Mishra, Govt. Advocate.

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order on Board

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22/06/2023

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Since common question of law and facts are involved in all the bail applications, they are heard together and are being disposed of by this common order.

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These are the first bail applications filed by the applicants under Section 438 of the Code of Criminal Procedure, 1973, for grant

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of anticipatory bail, who have apprehension of being arrested in connection with offence registered at Police Station– Narayanpur, District- Narayanpur (C.G.). The details are as under:-

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Case No.	Crime No.	Sections
MCRCA No. 326/2023	02/2023	147, 148, 149, 153-A, 120-B, 283, 341, 290/34 of IPC.
MCRCA No. 327/2023	04/2023	147, 148, 149, 120-B, 186, 332, 353, 307 of IPC.
MCRCA No. 330/2023	03/2023	147, 148, 149, 295, 295(A), 120-B, 440 of IPC.
MCRCA No. 331/2023	05/2023	147, 148, 149, 186, 294, 506, 332, 353, 307 of IPC.
MCRCA No. 627/2023	04/2023	147, 148, 149, 120(B), 186, 332, 333, 353, 307, 452, 455, 427 of IPC.

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The prosecution story, in brief, is that on 02.01.2023, a social meeting and rally of tribal community was organized, in which, complainant who was posted as Sub Inspector at Police StationNarayanpur was assigned the duty of providing security and to maintain law and order. It is alleged that when the complainant was performing his duty, the complainant received information that few members of tribal community with club, stick and axe have formed unlawful assembly and departed towards Church School Premises. The complainant informed about the situation to his higher authorities, thereafter the police party reached the spot to control the law and order situation, the mob assaulted two police personnel namely T.S. Navrang and R. Ravindra Yadav who have sustained injuries. Accordingly, offences were registered against the applicants.

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Learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated in the crime in question. He would further submit that the prosecution has included about 80 persons by names and other unknown person for commission of offence as aforestated except 307 of IPC. He would further submit that except offence under Sections 332, 353 and 307 IPC, all the offence are bailable. He would

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further submit that from bare perusal of the FIR it does not reflect that present applicants have assaulted the complainant. He would also submit that in the order of the trial Court while rejecting the bail of the present applicants names of Sukhman and Dinesh Salam is mentioned, who had assaulted Mr. Navrang with axe when he objected them then Dinesh Salam and five to six persons had pulled him and thrown him on the field, therefore, inclusion of all the accused is without any material on record and would pray for releasing the applicants on bail.

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On the other hand, learned counsel for the State opposes the bail application and would submit that 80 known persons and other unknown persons have brutally assaulted complainant, who was on duty. He would submit that as per MRI report, the injuries sustained by T.S. Navrang was grievous in nature, therefore, the offence registered against them is legal, justified. Hence, it is prayed that the applications for grant of anticipatory bail may be rejected.

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Heard learned counsel for both the parties and perused the case diary.

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From perusal of the case diary as well as FIR, it is quite vivid that victim has not taken anybody’s name but has held that the mob was aggressive having lathi, danda and axe in their hands and with intention to commit marpit, they have assaulted the police party and caused grievous injuries to Sadanand Kumar ASI, T.S. Navrang TI, constable Rajendra Yadav, Sonbati Mandavi, Kashmir Kujur, Laxmi Nayak, Sonbati Potai & Sukhlal Kumeti. Further from the statement of T.S.Navrang, it is clear that he has identified only Sukhman and Dinesh Salam only in the mob not the present applicants, who have also assaulted the Superintendent of Police, Narayanpur. It is also clear from the statement of Constable Ravindra Yadav that Dinesh Salam has assaulted T.S. Navrang. From record, it does not reflect that the present applicants have assaulted the complainant brutally, considering these aspects of the matter, I am inclined to extend

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the benefit of Section 438 of the Cr.P.C. to the applicants.

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Accordingly, the instant anticipatory bail applications are allowed and It is directed that in the event of arrest of the applicants in connection with the aforesaid offence, they shall be released on anticipatory bail by the officer arresting them on executing a personal bond in sum of Rs. 25,000/- each with one surety each in the like sum to the satisfaction of the concerned Investigating Officer. The applicants shall also abide by the following conditions:-

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(i) That the applicants shall make themselves available for interrogation before the concerned police officer as and when required;

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(ii) That the applicants shall not, directly or indirectly, make any inducement, threat undue influence to the prosecution witnesses;

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(iii) That the applicants shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

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Certified copy as per rules.

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Sd/(Narendra Kumar Vyas) Judge

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Arun

Jhariram Salam v. State of Chhattisgarh

Case brief

What is this about?

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Jhariram Salam v. State of Chhattisgarh

Case brief

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What did the court decide?

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