SPLA No. 19 of 2008 With Delay Cond. App. 167 / 08 With D.G.A. No. 15 of 2008 Hon. Prafulla C. Pant, J. Hon. Dharam Veer, J. Mr. Amit Bhatt, Additional Government Advocate for the appellant State. Mr. K.S. Rautela, Advocate for the respondents. This is Delay Condonation Application No. 167 of 2008, for condoning of delay in filing the appeal against the acquittal of accused / respondents (though, the fourth accused Jagdish was convicted) vide impugned judgment and order dated 06.09.2006, passed by learned Sessions Judge, Dehradun, in Sessions Trial No. 50 of 2005 and Sessions Trial No. 108 of 2005. By said judgment and order three out of the four policemen (accused) were acquitted of the charge of murder. Heard. Though, the delay is more than one year, but considering the facts and circumstances of the case and the explanation given in the affidavit accompanying the application, we think it just and proper to allow the application. Therefore, the application for condonation of delay is allowed. The delay is condoned. Also, heard on leave to appeal and perused the aforesaid judgment and order, passed by the trial court. Leave is granted. Admit the Appeal. Notices on behalf of the respondents are already accepted by Mr. K.S. Rautela, Advocate, as such no fresh notices need be sent. Summon the lower court record, if not, already summoned and list this Appeal along with the appeal, if any, filed by the convict, for final hearing. ( D.V. J. ) (P.C. P., J.) 30.04.2008 30.04.2008 HN