IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Leave to Government Appeal No. 38 of 2009 Delay Condonation Application No. 516 of 2009 IN Government Appeal No. 25 of 2009 State of Uttarakhand …… Appellant. Versus 1. Jameel son of Mohammad Yaseen resident of Mohammadpur, Police Station Kotwali Roorkee, District Haridwar. 2. Majbool son of Mohammad Yaseen resident of Mohammadpur, Police Station Kotwali Roorkee, District Haridwar. ……. respondents. Dated:- 15.5.2009 Coram: Hon’ble Prafulla C.Pant, J. Hon’ble B.S.Verma, J. {Prafulla C. Pant, J. (Oral)} Heard Sri S.S. Adhikari, learned A.G.A. for the State-appellant. 2. This is delay condonation application no. 516 of 2006 for condonation of delay in filing the appeal against acquittal of Jameel and Majbool by Third Fast Track Court/Additional Sessions Judge, Haridwar, vide its Judgment and order dated 17.12.2008 in Session Trial No. 112 of 2004. 3. There is delay of 55 days in filing the appeal which is sufficiently explained in the affidavit accompanying the application. The application is allowed. Delay is condoned. 4. Also, heard on leave to appeal and perused the impugned Judgment and order dated 17.12.2008 passed by the Trial Court (third Fast Track Court/Additional Sessions 2 Judge, Haridwar) in Sessions Trial No. 112 of 2004 whereby three accused namely Rashid, Smt. Sahista and Shahjad are convicted under Sections 302, 120B I.P.C. but accused respondents Jameel and Majbool are acquitted of the charge. 5. A perusal of the impugned Judgment shows that it is a circumstantial evidence and the Trial Court did not find chain of circumstances complete against the respondents Jameel and Majbool, as such out of the five accused the said two were acquitted. 6. Having considered the statements of the learned counsel for the State-appellant and impugned Judgment, we do not find sufficient ground to grant leave to appeal in this case. Leave to appeal sought by the State is refused. 7. The appeal stands summarily dismissed as against Jameel and Majbool. (B.S.Verma, J.) (Prafulla C. Pant, J.) 15.5.2009 RMY