JUDGMENT :

Order on Delay Condonation Application

1. We have heard Sri Bhanu Prakash Singh and Sri Rajiv Rai brief holders for the State.

2. A delay of 1862 days has been reported by the Stamp Reporting Section.

3. In view of prevailing pandemic condition and considering the reasons assigned in support of the delay condonation application and in view of the submission that the matter should normally be considered on its merit, delay is liable to be condoned.

4. After considering the averments made in the delay condonation application and also considering the submission made in that regard the delay condonation application is allowed.

Delay is condoned.

Office is directed to allot regular number to this appeal.

5. Request has been made that hearing may be done on the merit of the application for leave to appeal which is sustained by us.

6. We have heard Sri Bhanu Prakash Singh and Sri Rajiv Rai brief holders for the State/appellant.

7. By way of instant appeal, the State has challenged the order of acquittal dated 30.1.2016 of the trial Court, Additional Sessions Judge, Court No. 6, Agra passed in session trial no. 1067 of 2007 (State of U.P. Vs. Aslam) connected with session trial no