Aniruddha Bose, Sanjay Kishan Kaul and Krishna Murari
Aniruddha Bose, Sanjay Kishan Kaul and Krishna Murari
Litigation News

Both sides "toasted" over toast at Dhaba: SC while granting bail to person accused in shootout during honeymoon trip [Read Order]

The top court lamented on the lack of patience on part of both the accused and the victim while noting that a dispute which arose over the quality of toast in a Dhaba appeared to have led to the parties being "toasted."

Debayan Roy

Not all return trips from honeymoons result in memories and pictures.

In a case where the Supreme Court granted bail to an accused (husband) who got embroiled in a gunfight at a local eatery near Shimla, the Bench noted that a tussle which erupted over the quality of toast had led to both parties being "toasted."

Nikhil Malik and his wife were returning from their Shimla honeymoon in 2016 when they stopped to eat food at a local eatery.

What followed was an argument with the shop owner regarding the taste of bread toast. Soon the owner and the accused got into a gunfight leading to the eventual death of the shop owner.

The husband was accused of murder and the trial is pending at the District Court, Solan since 2016. The accused was in jail since 2016.

The Supreme Court Bench of Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari granted bail to the accused on September 11. In doing so, it refused to make any statement on the nature of testimonies in the case as it may affect the trial.

However the Court expressed regret on the "lack of patience on both the sides" of the case. Its order records,

"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!"

Supreme Court

The lawyer for the accused had argued that trial in the case is pending since four years and that all eyewitnesses were already examined. He added that since courts were shut due to COVID-19, there was no chance of examination of witness anytime soon. It was also argued that all other accused are on bail as well.

The accused was represented by Senior Advocate Nidhesh Gupta and plea was filed through Advocate on record, Ankur Yadav. The briefing counsel in the case was Advocate Ayush Negi.

Read order:

Bail order of shootout accused (Solan).pdf
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