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Nikhil Malik vs The State Of Himachal Pradesh on 11 September, 2020

Bench: Sanjay Kishan Kaul, Aniruddha Bose, Krishna Murari

                                                                   1

                                             IN THE SUPRME COURT OF INDIA
                                           CRIMINAL APPELLATE JURISDICTION

                                      CRIMINAL APPEAL No.582 OF 2020
                               (Arising out of SLP(Criminal)No.812 of 2020)

                         NIKHIL MALIK                                                      ... APPELLANT(S)

                                            VERSUS

                         THE STATE OF HIMACHAL PRADESH                                     ... RESPONDENT(S)

                                                            O R D E R

Leave granted.

We have heard learned counsel for parties and the intervenor and perused the testimonies of the eye witnesses. We would not, at this stage, like to make any comments on the nature of testimonies because it has propensity to have an effect on the trial. Suffice to say that we are of the view that the eye witnesses having been examined, this is a case where the appellant be enlarged on bail on terms and conditions to the satisfaction of the Trial Court. Ordered accordingly. At the end we may only note with regret the lack of patience of people from both sides in the episode where the dispute arose only over the quality of a meal i.e. a toast in a dhaba and the consequences being that both sides have been toasted! The appeal and the application for intervention stand disposed of.

......................J. (SANJAY KISHAN KAUL) ......................J. (ANIRUDDHA BOSE) Signature Not Verified Digitally signed by DEEPAK SINGH ......................J. Date: 2020.09.12 14:41:13 IST Reason: (KRISHNA MURARI) New Delhi;

September 11, 2020.

ITEM NO.15 Court 6 (Video Conferencing) SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 812/2020 (Arising out of impugned final judgment and order dated 04-01-2020 in CRMPM No. 2196/2019 passed by the High Court of Himachal Pradesh at Shimla) NIKHIL MALIK Petitioner(s) VERSUS THE STATE OF HIMACHAL PRADESH Respondent(s) (IA No. 49248/2020 - INTERVENTION APPLICATION IA No. 76165/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 76375/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 11-09-2020 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. Nidhesh Gupta,Sr.Adv.

Mr. Ayush Negi,Adv.

Ms. Manini Roy,Adv.

Mr. Atul Anand,Adv.

Mr. Ankur Yadav, AOR For Respondent(s) Mr. Vardhman Kaushik, AOR Mr. Himanshu Tyagi, AOR UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the parties. Leave granted. The appeal is disposed of in terms of the signed order.Pending applications shall also stand disposed of.

(ANITA MALHOTRA) (ANITA RANI AHUJA) COURT MASTER ASSISTANT REGISTRAR (Signed order is placed on the file.)