Arshad @ Arsad Vs.
State of M.P.  INSC 1755 (17 October 2008)
JURISDICTION CRIMINAL APPEAL NO. 1680 OF 2008 [Arising out of SLP(Crl.) No.
6386/2008] ARSHAND @ ARSAD ... APPELLANT(S) :VERSUS:
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 sub-served 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 amicus curiae and proceed to determine the appeal on merit on the date
The appeal is allowed
with the aforementioned observation and direction.