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Petition for Special Leave to Appeal No. 284 of 1967, decided on 24th June 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Quetta Circuit, Quetta, dated the 30th August 1967, in Criminal Appeal No. 7 of 1967).
Art. 58(3) and Supreme Court Rules, 1956, O. XIII, r. I‑Acquittal‑Petition for Special Leave to Appal against acquittal barred by 30 days Person acquitted acquired a valuable right and he could be deprived of that only if it could be shown that he was in some way responsible for delay Petition dismissed.
S. M. Almas Ali, Advocate Supreme Court instructed by Sh. Abdul Karim, Attorney for Petitioners.
Ch. Muhammad Ashraf, Advocate Supreme Court instructed by Sh. Ijaz Ali, Attorney for Respondents.
Date of hearing : 24th June 1968.
‑This petition is barred by time by 30 days.
In the petition for condonation of the delay, it is stated that the petitioners filed an application before the District Magistrate with a request that the Government should file an appeal against acquittal and as the Magistrate did not take any decision on the said petition there was delay in filing the appeal. This explanation is not considered at all. satisfactory.
By his acquittal, the respondent Lakhmir has acquired a valuable right and he could be deprived of the said right only if he was in some way responsible for the delay in filing this petition. This the petitioners have failed to substantiate.
This petition is, therefore, dismissed as time‑barred.
Petition dismissed.
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