ORDER : Hon’ble Mr. Justice Uday Umesh Lalit pronounced the Reportable Judgment of the Bench comprising His Lordship and Hon’ble Mr. Justice Pamidighantam Sri Narasimha. The operative portion of the judgment reads as under: “1. Delay condoned. Leave granted. 18. That leaves us with subsidiary evidence regarding recovery, which in the absence of substantive evidence, by itself would not be sufficient. In the circumstances, in our considered view, the prosecution failed to establish its case beyond reasonable doubt. The appellant would, therefore, be entitled to acquittal. The instant appeal is thus allowed acquitting him of the charges levelled against him. 19. We must now consider the effect of dismissal of S.L.P. (Crl.) No.9957 of 2016 preferred by co-accused-Devender alias Dhola. The order dismissing the special leave petition did not give any reason for dismissal. 20. In our view, the cases of both the convicted accused i.e. Devender and the present appellant stand on the same footing and if after having considered the matter, benefit is given to the present appellant, similar benefit ought to be extended to Devender. …… 22. In the premises, for furthering the ends of justice, we recall the order of dismissal passed by this Court in S.L.P. (Crl.) No.9957 of 2016 and said SLP is restored to the file. This course is adopted even in the absence of any such prayer or application on part of Devender. We proceed to grant leave in his matter and allowing his appeal, we extend similar benefit to said Devender. He is thus acquitted of all the charges levelled against him. 23. The Registry is directed to send appropriate intimation with regard to the appeal arising out of SLP (Crl.) No.9957/2016 being allowed to the concerned Jail authorities so that benefit can be extended to said Devender. 24. Both convicted accused shall be set at liberty unless their custody is required in connection with any other offence.” Pending application(s), if any, also stand disposed of.