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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.5302 OF 2024 (@ SLP(CRL.) No. 9528/2024)
GIRRAJ SINGH MALINGA APPELLANT(S)
VERSUS
STATE OF RAJASTHAN & ANR. RESPONDENT(S)
O R D E R
1. Leave granted.
2. The appellant has been charged for the major offences
punishable under Section 307, amongst others, read with
Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST
(Prevention of Atrocities) Act, 1989. He was duly arrested and
upon hearing the appellant, the learned Public Prosecutor and
counsel for the defacto complainant, bail was granted by the
order dated 17.05.2022. Thereafter, an application was filed
by the defacto complainant seeking to cancel the bail on the
premise that the appellant has violated the conditions imposed
and conducting a public procession glorifying the alleged
occurrence. This application was allowed by the impugned
judgment dated 05.07.2024.
3. On the last occasion, we have indicated that the appellant
should surrender before the hearing of the Special Leave
Petition on merit. Accordingly, it has been brought on record
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that he has surrendered.
4. Learned counsel appearing for the appellant submitted that
there is a distinction between a challenge to the grant of
bail and an application seeking cancellation. In the former,
the grounds based on wh...