(1) THIS appeal by the State of Orissa is directed against an order of acquittal of 12 accused persons in a charge under Sections 302/149 for having caused the murder of 3 persons. Against the said order of acquittal the State had approached the High Court for grant of leave but the High Court unfortunately has dismissed the application for leave to appeal at the admission stage without giving any reasons which indicates the non- application of mind by the High Court and therefore the present appeal has been preferred. While hearing this appeal and on going through the impugned judgment of the learned Sessions Judge it appears to us that the reasons advanced by the learned Sessions Judge for disbelieving the eyewitnesses and recording an order of acquittal is wholly unsustainable. But the learned counsel appearing for the accused persons submitted that in the facts and circumstances the matter should be remitted back to the High Court where the High Court should dispose of the appeal on merits by reappreciating the evidence on record and finally disposal of the appeal at this stage will take away the rights of the accused in that sense. It is true that the appeal is of the year 1989 and more than 9 years have elapsed but we do not propose to finally dispose of this appeal at this stage since it would cause prejudice to the accused persons who have been acquitted by the learned Sessions Judge and the High Court did not apply its mind to examine the correctness of the order of acquittal by reappreciating the evidence. In this view of the matter, we set aside the impugned order of the High Court and further order that the leave against the order of acquittal be granted and the appeal should be treated as a government appeal and the High Court is requested to dispose of the appeal within 3 months from the date of the receipt of the order. The records of the proceedings may be sent back to the High Court immediately. Needless to mention that our opinion expressed is merely of a tentative nature and is not final.