IN TH E H IGH COURT OF UTTARAKH AND AT NAINITAL. Delay Condonation Application no. 342 of 2008 & Special Leave to appeal application No. 46 of 2007 IN Govt. Appeal No. 84 of 2007 State of Uttarakhand ----Appellant/ applicant. Vs. 1. Bambu S/ o Devi Chand, R/ o Behind Peer Mohalla Pathanpur, P.S. Kotwali Roorkee, District Haridwar, 2. Som S/ o Ved Prakash, R/ o Nagal, P.S. Bhagwanpur, District Haridwar, 3. Bablu S/ o Ved Prakash, R/ o Near Workshop, Mohalla Adarsh Nagar, P.S. Kotwali Roorkee, District Haridwar. ----Respondents Cor a m : H on ’ble Pr a fu lla C. Pa n t, J . H on ’ble Dh a r a m Veer , J . Da ted Ma y 16, 20 0 8 Per Coram:- Sri Harish Pujari, learned Addl. Govt. Advocate and Sri Nandan Arya, learned Addl. Govt. Advocate are present for the appellant/ State. This is delay condonation application no. 342/ 08 seeking condonation of delay in filing appeal against judgment and order dated 28.07.2007 passed by learned Addl. Sessions Judge/ IV Fact Track Court, Haridwar in Sessions Trial no. 344/ 2005. Heard. There is delay of 43 days’ in filing appeal, which is sufficiently explained in the affidavit of Rishi Ram, filed with the delay condonation application. The delay condonation application is allowed. The delay in filing appeal is hereby condoned. Also heard on leave to appeal and perused the judgment and order dated 28.07.2007 passed by the Trial Court, whereby the accused/ respondents Bambu, Som and Bablu are acquitted of the charge of offences punishable u/ s 380/ 511 and 307/ 34 I.P.C. Leave is granted. Admit the appeal. Issue bailable warrants against the accused/ respondents Bambu, Som and Bablu u/ s 390 Cr.P.C. Also summon the Lower Court’s Record. List after the Lower Court’s Record is received. (Dh a r a m Veer , J .) (Pr a fu lla C. Pa n t, J .) 16.0 5.20 0 8 NCM