IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Leave to Government Appeal No. 72/2009 In Government Appeal No. 59 of 2009 (Delay Condonation Application No.994/2009) State of Uttarakhand …Appellant/Applicant Versus Darpan Sarswat @ Tinka …Respondent Sri S.S. Adhikari, A.G.A. for the State/appellant Coram: Hon’ble B.C. Kandpal, ACJ. Hon’ble B.S. Verma, J. Heard learned A.G.A. for the applicant/appellant on Delay Condonation Application and perused the affidavit filed in support thereto. The grounds taken in the affidavit for condoning the delay in filing the Government Appeal before the Court, appear to be genuine. We hereby condone the delay in filing the Government Appeal and allow the Delay Condonation Application. Also, heard the appeal on grant to leave and perused the impugned judgment and order dated 29.5.2009 passed by the court below. Having considered the argument advanced by learned A.G.A. for the State/appellant, we are 2 not inclined to grant the leave to appeal to the appellant. The judgment and order passed by the trial court acquitting the accused- respondent appears to be justified and does not require any interference. Accordingly, leave to Government Appeal against the impugned judgment and order passed by trial court, is rejected. Consequently, Government Appeal also stands dismissed. (B.S. Verma, J.) (B.C. Kandpal, ACJ.) 15-09-2009 SP