1. Memo of appearance filed by Sri. S.U. Khan, learned Advocate is taken on record. Sri. Dharm Singh Parmar, learned counsel for the appellant is present and has no objection.
2. Heard learned counsel for the appellant and learned AGA and perused the material on record.
3. The instant appeal has been filed by the appellant against the judgement and order dated 19.12.2016, passed in Sessions Trial No. 80 of 2014 (State v. Vrindawan), arising out of Case Crime No. 53 of 2014, under Sections 452, 302/34 IPC, P.S. Sumerpur, District Hamirpur by the learned Special Judge(E.C. Act)/Additional Sessions Judge, Hamirpur whereby the accused respondents have been acquitted from the charges punishable under the sections referred to above.
4. The instant appeal has been filed beyond a period 86 days. Learned counsel for the appellant has filed an application U/s 5 Limitation Act supported by affidavit explaining the reasons for the delay in filing the appeal.
5. The cause shown in the affidavit filed in support of the delay condonation application is sufficient to condone the delay in filing the appeal thus the delay is accordingly condoned.
6. During the course of arguments, it has been pointed out by the learned counsel for the appellant and the learned AGA that leave to appeal in Government Appeal No. 1947 of 2017 has already been refused by another Bench of this Court vide order dated 18.4.2017 thus consequently the government appeal stood dismissed.
7. The instant appeal has been filed after dismissal of the government appeal no. 1947 of 2017 beyond a period of 86 days adopting a circuitous method to circumvent the order dated 19.12.2016, passed in Sessions Trial No. 80 of 2014 (State v. Vrindawan), arising out of Case Crime No. 53 of 2014, under Sections 452, 302/34 IPC, P.S. Sumerpur, District Hamirpur by the learned Special Judge(E.C. Act)/Additional Sessions Judge, Hamirpur. Since another Bench of this Court has already refused to grant leave and the government appeal itself stood dismissed in reference to refusal to grant leave, it will not be congruous to unfold another course keeping pending to this appeal.
8. The present appeal is dismissed concurring the judgment and order dated 18.4.2017 passed in Government Appeal No. 1947 of 2017.