IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1680   OF 2008

[Arising out of SLP(Crl.) No. 6386/2008]

ARSHAND @ ARSAD ... APPELLANT(S)

:VERSUS:

STATE OF M.P. ... RESPONDENT(S)

O R D E R

Leave granted.

Having heard the learned counsel for the parties, we are of the opinion that

although the High Court may be correct in taking the view that the counsel for the

appellant has not been appearing on several dates, interest of justice will be subserved

if the impugned judgment is set aside and the matter is directed to be heard afresh on

merit by the High Court.  We direct accordingly.  

It  is  stated  before  us  by  the  learned  counsel  appearing  on  behalf  of  the

appellant that on the next date fixed,  some lawyer would appear on behalf  of  the

appellant.  

-2-

Let the matter be listed before the High Court on 17th November, 2008.  If on

that  date,  nobody  appears  on behalf  of  the appellant,  the  High  Court  shall  be at

liberty to appoint an amicus curiae and proceed to determine the appeal on merit on

the date fixed.  

The appeal is allowed with the aforementioned observation and direction.   

...........................J (S.B. SINHA)

...........................J   (CYRIAC JOSEPH)    NEW DELHI, OCTOBER 17, 2008.