Allowed

Girdhar Singh v. State of Rajasthan

Rajasthan HC7 Mar 2024CRLMB/90/2024

Case brief

AI extract

What is this about?

Single-judge order allowing multiple criminal bail applications. The court noted the petitioner has faced 48 cases for cheating and has been in jail for four years. Citing Supreme Court guidelines and high probability of prolonged trial, bail was granted subject to bond.

What did the court decide?

Petitioner enlarged on bail by furnishing personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Girdhar Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:11536]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 69/2024

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Girdhar Singh S/o Khiv Singh @ Mag Singh, Aged About 47 Years, R/o Jasindhar Thana, Godroroad, Dist. Barmer. (At Present Lodged At Dist. Jail Bhilwara)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 14884/2023 Girdhar Singh S/o Khiv Singh, Aged About 43 Years, R/o Jasindhar Thana, Gadraroad, Dist. Barmer (At Present Lodged In Dist. Jail, Anupgarh)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Sanjiv Kumar Bhatiya S/o Nandlal Bhatiya, R/o Shreekaranpur, Dist. Sri Ganganagar

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----Respondents

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S.B. Criminal Miscellaneous Bail Application No. 14885/2023 Girdhar Singh S/o Khiv Singh, Aged About 43 Years, R/o Jasindhar, Tehsil Gadroroad, Dist. Barmer. (At Present Lodged At Dist. Jail Barmer)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Awan Kanwar W/o Ratan Singh, R/o Buldan Singh Ki Dhani, Jalipa, Tehsil And Dist. Barmer.

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----Respondents

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S.B. Criminal Miscellaneous Bail Application No. 14887/2023 Girdhar Singh S/o Khiv Singh, Aged About 43 Years, R/o Jasindhar Thana, Gadroroad, Dist. Barmer. (At Present Lodged At Dist. Jail Barmer)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Bhur Singh S/o Mangal Singh, R/o Happo Ki Dhani, Barmer.

----Respondents

(2 of 10)

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[CRLMB-69/2024]

S.B. Criminal Miscellaneous Bail Application No. 15041/2023 Girdhar Singh S/o Khiv Singh, Aged About 43 Years, R/o Jasindhar Thana, Gadroroad, Dist. Barmer (At Present Lodged In Dist. Jail, Udaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Virendra Jain S/o Surendra Jain, R/o Navjiwan Shakha Prbhdhk Bus Stand Karnod Udaipur

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----Respondents

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S.B. Criminal Miscellaneous Bail Application No. 15296/2023 Girdhar Singh S/o Khiv Singh, Aged About 46 Years, R/o Jasindhar Thana, Gadroroad, Dist. Barmer. (At Present Lodged At Dist. Jail, Suratgarh)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Nandkishore Balotia S/o Paras Ram Balotia, R/o Sant Ravidas Nagar, Gali No. 3, Bhadwasiya, Jodhpur.

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----Respondents

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S.B. Criminal Miscellaneous Bail Application No. 16037/2023 Girdhar Singh S/o Khiv Soni, Aged About 43 Years, Age About 43 Years R/o Jasindhar Thana Godropad District Barmer.(At Present Lodged At Central Jail Jodhpur)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Kirti Soni D/o Rajesh Soni, R/o Bansi Niwas Cycle Market Gnantagarh Joddhpur.

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----Respondents

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S.B. Criminal Miscellaneous Bail Application No. 16297/2023 Girdhar Singh S/o Khiv Singh, Aged About 43 Years, R/o Jasindhar Thana Gardrorad District Barmer (At Present Lodged At District Jail Hanumangarh)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Ajay Kumar S/o Jainarayan, R/o Ward No 14 Sangaria Tehsil Sangaria District Hanumangarh

----Respondents

(3 of 10)

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[CRLMB-69/2024]

S.B. Criminal Miscellaneous Bail Application No. 12/2024 Girdhar Singh S/o Khinv Singh, Aged About 47 Years, R/o Jaisindhar, Police Station Gadra Road, Dist. Barmer. (At Present Lodged In Dist. Jail, Pali)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Gulab Khan S/o Jahur Khan, R/o Aaua, Tehsil Marwar Junction, Dist. Pali.

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----Respondents

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S.B. Criminal Miscellaneous Bail Application No. 13/2024 Girdhar Singh S/o Khinv Singh, Aged About 47 Years, R/o Jaisindhar, Police Station Gadra Road, Dist. Barmer. (At Present Lodged In Dist. Jail, Pali)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Manohar S/o Kan Singh, R/o Ramji Ka Guda, Police Station Khinwara, Dist. Pali, At Present Head Constable Police Station Sojat City, Dist. Pali.

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----Respondents

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S.B. Criminal Miscellaneous Bail Application No. 18/2024 Girdhar Singh S/o Khiv Singh, Aged About 43 Years, R/o Jasindhar Thana, Gadroroad, Dist. Barmer. (At Present Lodged At Dist. Jail, Jalore)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Smt. Ummadi Devi W/o Babu Lal, R/o Ummedabad, P.S. Bishangarh, Dist. Jalore.

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----Respondents

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S.B. Criminal Miscellaneous Bail Application No. 72/2024

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Girdhar Singh S/o Khiv Singh @ Mag Singh, Aged About 47 Years, R/o Jasindhar Thana, Gadroroad, Dist. Barmer. (At Present Lodged At Dist. Jail, Bhilwara)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent S.B. Criminal Miscellaneous Bail Application No. 90/2024 Girdhar Singh S/o Khiv Singh Alias Mag Singh, Aged About 47 Years, R/o Jasindhar Thana, Gadroroad, Dist. Barmer. (At

(4 of 10)

[2024:RJ-JD:11536]

[CRLMB-69/2024]

Present Lodged At Dist. Jail Bhilwara).

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s)	: Mr.	Neel Kamal Bohra
	Mr.	Gokulesh Bohra
	Mr.	Gajendra Panwar
For Respondent(s)	: Mr.	Mohd. Javed Gauri,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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07/03/2024

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The jurisdiction of this Court has been invoked by way of filing

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an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are

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tabulated herein below:

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S.No.	Particulars	of the Case
1.	FIR Number	273/2020
2.	Concerned Police Station	Gulabpura
3.	District	Bhilwara
4.	Offences alleged in the FIR (S.B. CRLMB No.69/2024)	Under Sections 406 and 420 of the IPC
5.	Offences added, if any (S.B. Criminal Misc. Bail Application No.69/2024)	Under Section 409 of the IPC
6.	Date of passing of impugned order (S.B. CRLMB No.69/2024)	18.12.2023
7.	FIR Number	177/2019
8.	Concerned Police Station	Shreekaranpur
9.	District	Ganganagar
10.	Offences alleged in the FIR (S.B. CRLMB No.14884/2023)	Under Sections 420 and 120-B of the IPC

(5 of 10)

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[CRLMB-69/2024]

11.	Offences added, if (S.B. Criminal Misc. Application No.14884/2023)	any Bail	Under Section 409 of the IPC
12.	Date of passing impugned order ( CRLMB No.14884/202	of S.B. 3)	21.10.2023
13.	FIR Number		470/2019
14.	Concerned Police Stati	on	Kotwali Barmer
15.	District		Barmer
16.	Offences alleged in FIR (S.B. CR No.14885/2023)	the LMB	Under Sections 420 and 406 of the IPC
17.	Offences added, if (S.B. Criminal Misc. Application No.14885/2023)	any Bail	Under Section 409 of the IPC
18.	Date of passing impugned order ( CRLMB No.14885/202	of S.B. 3)	19.10.2023
13.	FIR Number		302/2022
14.	Concerned Police Stati	on	Kotwali,Barmer
15.	District		Barmer
16.	Offences alleged in FIR (S.B. CR No.14887/2023)	the LMB	Under Sections 420, 406 and 120-B of the IPC
17.	Offences added, if (S.B. Criminal Misc. Application No.14887/2023)	any Bail	--
18.	Date of passing impugned order ( CRLMB No.14887/202	of S.B. 3)	19.10.2023
25.	FIR Number		500/2019
26.	Concerned Police Stati	on	Hiran Magri
27.	District		Udaipur
28.	Offences alleged in FIR (S.B. CR No.15041/2023)	the LMB	Under Sections 420 and 406 of the IPC
29.	Offences added, if (S.B. Criminal Misc. Application No.15041/2023)	any Bail	Under Section 120-B of the IPC
30.	Date of passing impugned order ( CRLMB No.15041/202	of S.B. 3)	15.09.2023

(6 of 10)

[2024:RJ-JD:11536]

[CRLMB-69/2024]

31.	FIR Number		457/2019
32.	Concerned Police Stati	on	Mahamandir
33.	District		Jodhpur CityEast
34.	Offences alleged in FIR (S.B. CR No.15296/2023)	the LMB	Under Sections 406 and 420 of the IPC
35.	Offences added, if (S.B. Criminal Misc. Application No.15296/2023)	any Bail	Under Section 409 of the IPC
36.	Date of passing impugned order ( CRLMB No.15296/202	of S.B. 3)	22.11.2023
37.	FIR Number		517/2019
38.	Concerned Police Stati	on	PratapNagar
39.	District		Jodhpur CityWest
40.	Offences alleged in FIR (S.B. CR No.16037/2023)	the LMB	Under Sections 420 and 406 of the IPC
41.	Offences added, if (S.B. Criminal Misc. Application No.16037/2023)	any Bail	Under Section 409 of the IPC
42.	Date of passing impugned order ( CRLMB No.16037/202	of S.B. 3)	18.11.2023
43.	FIR Number		246/2019
44.	Concerned Police Stati	on	Sangaria
45.	District		Hanumangarh
46.	Offences alleged in FIR (S.B. CR No.16297/2023)	the LMB	Under Sections 420 and 406 of the IPC
47.	Offences added, if (S.B. Criminal Misc. Application No.16297/2023)	any Bail	Under Sections 409 and 120-B of the IPC
48.	Date of passing impugned order ( CRLMB No.16297/202	of S.B. 3)	01.11.2023
49.	FIR Number		271/2019
50.	Concerned Police Stati	on	Marwar Junction
51.	District		Pali
52.	Offences alleged in FIR (S.B. CR No.12/2024)	the LMB	Under Sections 420, 407, 408 and 120-B of the IPC

(7 of 10)

[2024:RJ-JD:11536]

[CRLMB-69/2024]

53.	Offences added, if any (S.B. Criminal Misc. Bail Application No.12/2024)	Under Section 409 of the IPC
54.	Date of passing of impugned order (S.B. CRLMB No.12/2024)	08.11.2023
55.	FIR Number	308/2019
56.	Concerned Police Station	Marwar Junction
57.	District	Pali
58.	Offences alleged in the FIR (S.B. CRLMB No.13/2024)	Under Sections 420 and 120-B of the IPC
59.	Offences added, if any (S.B. Criminal Misc. Bail Application No.13/2024)	Under Section 409 of the IPC
60.	Date of passing of impugned order (S.B. CRLMB No.13/2024)	08.11.2023
61.	FIR Number	60/2021
62.	Concerned Police Station	Kotwali,Jalore
63.	District	Jalore
64.	Offences alleged in the FIR (S.B. CRLMB No.18/2024)	Under Sections 420, 406 and 120-B of the IPC
65.	Offences added, if any (S.B. Criminal Misc. Bail Application No.18/2024)	--
66.	Date of passing of impugned order (S.B. CRLMB No.18/2024)	11.12.2023
67.	FIR Number	270/2020
68.	Concerned Police Station	Gulabpura
69.	District	Bhilwara
70.	Offences alleged in the FIR (S.B. CRLMB No.72/2024)	Under Sections 406 and 420 of the IPC
71.	Offences added, if any (S.B. Criminal Misc. Bail Application No.72/2024)	Under Section 409 of the IPC
72.	Date of passing of impugned order (S.B. CRLMB No.72/2024)	18.12.2023
73.	FIR Number	313/2020
74.	Concerned Police Station	Gulabpura
75.	District	Bhilwara

(8 of 10)

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[CRLMB-69/2024]

76.	Offences alleged in the FIR (S.B. CRLMB No.90/2024)	Under Sections 406 and 420 of the IPC
77.	Offences added, if any (S.B. Criminal Misc. Bail Application No.90/2024)	Under Section 409 of the IPC
78.	Date of passing of impugned order (S.B. CRLMB No.90/2024)	18.12.2023

¶114

It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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I have considered the submissions made by both the parties and have perused the material available on record.

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For one culpable action of running a cooperative society for the purpose of inducing the public for investment, as many as 48 cases have been lodged against the petitioner. He is behind the bars since the last four years. In one of the cases, he has been acquitted and has been bailed out in 24 other cases. Dishonest intention is the basic element to constitute the offence under Section 420 of the IPC besides inducement and delivery of the property under the influence of said inducement. The above are the facts which are open to the

(9 of 10)

[2024:RJ-JD:11536]

[CRLMB-69/2024]

parties to moot and can be adjudicated only after the entire material is brought on record during the course of trial. As on date, it is reflecting that the petitioner is languishing in jail since the last four years and the case is exclusively triable by the Court of Magistrate. Besides this, applicability of the Sections 41 and 41-A of the Cr.P.C. and the judgments passed by Hon'ble the Supreme Court in case of Arnesh Kumar vs. State of Bihar reported in AIR 2014 SC 2756 ; Joginder Kumar vs. State Of U.P. reported in 1994 AIR 1349 as well as the celebrity judgment passed by Hon’ble the Supreme Court in case of Sanjay Chandra vs. CBI reported in AIR 2012 SC 830 , applies squarely in this case. In the cases which are exclusively triable by Court of Magistrate, this Court has elaborately dealt with the issue regarding release of accused on bali in a bail application titled as

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Dharmendra vs. State of Rajasthan (S.B. Criminal Miscellaneous Bail Application No.11530/2023) vide order dated 07.10.2023. In view of the deliberation and enunciation made therein and since there is high probability that the trial may take long time to conclude, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

¶123

Accordingly, the instant bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accusedpetitioner as named in the cause titles shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the

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(10 of 10) [CRLMB-69/2024]

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[2024:RJ-JD:11536]

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satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing as and when called upon to do so.

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(FARJAND ALI),J

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42-54-Ashutosh/-

Girdhar Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Girdhar Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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