IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Leave to Appeal No.27 of 2011 In Government Appeal No.19 of 2011 State of Uttarakhand …..Applicant/ Appellant Versus Asish @ Bobi, S/ o Raj Kumar R/ o Shatinagar, Mahespura, P.S. Kashipur, District Udham Singh Nagar ……Respondent Shri Amit Bhatt, A.G.A. present for the State/ appellant. Dated: 1st April, 2011 Coram: Hon’ble Prafulla C. Pant, J. Hon’ble V.K. Bist, J. Prafulla C. Pant, J. (Oral) (Delay Condonation Application No.283 of 2011) Heard. This is delay condonation application no.283 of 2011 for condonation of delay in filing the appeal against the judgment and order dated 29.09.2010 passed by Sessions Judge, Udham Singh Nagar in Sessions Trial No.78 of 2007 and Sessions Trial No.243 of 2007 whereby respondent Asish @ Bobi has been acquitted from the charge of offences punishable under Sections 302/34 and one punishable under Section 182 I.P.C. Delay is sufficiently explained in the affidavit. Delay condonation application is allowed. Delay is condoned. 2 Also heard on leave to appeal and perused the impugned judgment challenged before this Court under Section 378 of Cr.P.C. Leave to appeal application no.27 of 2011 is allowed. Leave is granted. Admit the appeal. Summon the lower court record. Issue bailable warrant against accused/ respondent Asish @ Bobi under Section 390 of Cr.P.C. List after the lower court record is received. ( V.K. Bist , J.) ( Prafulla C. Pant, J.) 01.04.2011 Arpan