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Petition for Special Leave to Appeal No. 86 of 1969, decided on 8th October 1969.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 3rd February 1969, in Criminal Appeal No. 331 of 1968).

2‑Petition for Special Leave to Appeal in criminal proceedings‑Acquittal‑ Delay in filing petition against order of, condoned only where petitioner prevented by any act of respondent to file petition in time.

Muhammad Rashid Chughtai, Advocate Supreme Court instructed by Sh. Abdul Rashid, Attorney for Petitioner.

ICamal Mustafa Bokhary, Assistant Advocate‑General West Pakistan (Lahore) instructed by Ijaz All, Attorney for Respondent No. 1.

Nemo for Respondents Nos. 2 and 3.

Date of hearing : 8th October 1969.

This is a petition for special leave to appeal against the judgment of the High Court of West Pakistan, Lahore, acquitting the respondents. The petition is barred by five days. The only ground urged to condone the delay is that the judgment of the High Court had been kept, reserved and the petitioner could not notice its announcement. It is stated that the petitioner learnt about the judgment on the 4th March 1969, and applied for obtaining the certified copy on the same date. It is submitted that the delay in filing the petition is not deliberate and intentional. The explanation, given by the petitioner cannot be taken into consideration because the petitioner was not prevented by the respondents to file the present petition. The view of this Court is that delay in acquittal matters is condoned only in those cases where the petitioner is prevented by an act of the respondent to file the petition for special leave to appeal in time.

We are, therefore, unable to condone the delay. The petition is, dismissed as barred by time.

Petition dismissed.

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