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Petition for Special Leave to Appeal NQ, K‑17 of 1970, d decided en 17th August 1970,
(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 13th February 1970, in Criminal Appeal No. 84 of 1968).
Supreme Court Rules, 1956,
O. XXIV, r. 2‑Limitation and condonation of delay in petition for Special Leave to Appeal in criminal matters‑Petition barred by 17 days and no explanation for delay offered‑Petition dismissed as time‑barred.
Akhtar Mahmud Khan, Advocate Supreme Court instructed by Anwar Ali Syed, Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing : 17th August 1970.
This petition for leave to appeal from the order of a learned Judge in the High Court in a criminal matter is barred by 17 days.
In the application for condonation of delay, it is alleged that the petitioner had acted bona fide as he was away for a consider able time from Karachi where the appeal was heard and that he came to know of the order of dismissal of the appeal against conviction under section 409, P. P. C. read with section 5 (2) of the Prevention of Corruption Act 11 of 1947 only on 31‑3‑1970. The counsel who appeared in the High Court admittedly gave intimation to the petitioner about the judgment delivered in the case immediately. It was, therefore, the fault of the petitioner if he did not attend to the matter in time. In any case when the petitioner on his own showing received intimation of the order of the High Court on 31‑3‑1970 there is no explanation for delay in the institution of the petition for leave to appeal up to 14‑4‑1970.
The petition is dismissed as barred by time.
Petition dismissed.
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