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Judgment
Mr. G.S. Sandhu, Government Advocate for the appellant State. Mr. Ramji Srivastava, Advocate for the respondents.
They are heard on CRMA No. 618 of 2006 - a petition for condonation of the delay in filing the petition u/s 378(3) CrPC and the Government Appeal.
On due consideration of the submissions of the learned Counsel for the parties and the grounds taken in the affidavit filed in support of the Delay Condonation Application, we are satisfied that the appellant State has succeeded in showing sufficient cause for the delay in filing the petition u/s 378(3) CrPC and the Government Appeal.
Therefore, CRMA No. 618 of 2006 is allowed and the delay, in filing the petition u/s 378(3) CrPC and the Government Appeal, is hereby condoned.
Mr. G.S. Sandhu, the learned Government Advocate is heard on the question of grant of leave to appeal against the acquittal of the respondents.
Trial Court4s judgment perused.
On due consideration, we are of the opinion that it is a fit case for grant of leave to appeal against the acquittal of the respondents.
Therefore, the petition filed u/s 378(3) CrPC is allowed and leave to appeal against the acquittal of respondents Roop Singh, Smt. Soni Devi and Sanjay Prakas vide impugned judgment dated 19.10.2005 passed in Sessions Trial No. 39 of 2004 is hereby granted.
As the delay, in filing the Government Appeal, has already been condoned, the Registry is directed to register the matter as regular ''Government Appeal''.
Mr. G.S. Sandhu, the learned Government Advocate is heard on admission.
Admit.
Send for the records.
As the respondents are represented, no further notice of the appeal to the respondents now is necessary.
Post the appeal for further orders after six weeks.