Cr.Revision No. 108 of 2011. 20.09.2011.Present: Mr.J.S. Rana, Asstt. A.G. for the petitioner. Mr. N.S.Chandel, Advocate, for the respondent. This revision is directed against the order dated 10.01.2011 passed by learned Additional Sessions Judge, Fast Track Court, Solan, in case No. 6 FTC/4 of 2008. It has been submitted by learned Assistant Advocate General that the appeal filed by the State before the Court below against judgment dated 31.10.2007 was barred by 51 days. An application for condonation of delay stating the reasons was filed before the learned Additional Sessions Judge, FTC, who without properly appreciating the material on record rejected the application for condonation of delay. 2. The learned Court below has rejected the application for condonation of delay mainly on the ground that respondent herein is an aged lady. The main accused had died during the pendency of the case. The learned Additional Sessions Judge has observed in the impugned order that as per trial Court there is no clear, cogent and convincing evidence against the respondents. The delay cannot be condoned and he rejected the application for condonation of delay. 3. The perusal of the impugned order indicates that the learned Additional Sessions Judge has not gone into the facts of condonation of delay application. He has made -2 general observations and has gone into the merits of the case while rejecting the application for condonation of delay. 4. I have gone through the application for condonation of delay filed in the Court below, so also the reply. I am satisfied that delay in filing the appeal before the Court below has been properly explained. The learned Additional Sessions Judge has erred in not condoning the delay. Accordingly, the order dated 10.01.2011 is set-aside, delay condoned. The parties through their counsel are directed to appear before the trial Court on 14.10.2011. The learned Additional Sessions Judge shall decide the appeal in accordance with law. The record be sent back immediately so as to reach before the date fixed above. (Kuldip Singh), Judge. September 20,2011. (Krt)