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(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 12th July 1967, in Criminal Appeal No. 316 of 1966).

Constitution of Pakistan (1962),

Art.‑Belated Petition for Special Leave to Appeal against acquittal on charge of murder- Supreme Court as a rule does not extend time‑Person securing acquittal from High Court‑Should not be put in jeopardy of their lives by Petition for Special Leave to Appeal filed out of time- Despite fact that Supreme Court had granted leave, respondent not precluded from raising objection in this regard at time of hearing of appeal‑Penal Code (XLY of 1860), S. 302.

State v. Muhammad Nawaz and others P L D 1966 S C 481 and Siraj v. Dial and others 1968 S C M R 16 ref:

Appellant in person.

M. Anwar, Senior Advocate Supreme Court instructed by M. A. Rehman, Advocate‑on‑Record for Respondents Nos. 1 and 2.

S. Jamil Hussain Rizvi Senior Advocate Supreme Court instructed by S. Wajid Hussain, Advocate‑on‑Record for Respondent No. 3.

A. G. Choudhury, Advocate Supreme Court instructed by Ejaz Ali Sheikh, Advocate‑on‑Record for Respondent No. 4.

Date of hearing : 27th April 1971.

SALAHUDDIN AHMED, J.‑

In this case leave to appeal from an order of acquittal by the High Court was given on 24‑6‑1968. The respondents had been tried under section 302/34 of the Pakistan Penal Code by the Sessions Judge, Gujranwala and convicted and two of them were sentenced to death and one was sentenced to transportation for life. On appeal and reference the High Court acquitted them all and hence the present appeal.

It transpires from the order of this Court dated 21‑10‑1968 that the petition for special leave to appeal had already been barred by 29 days. The record shows that Mst. Hajran Bibi, mother of the deceased person, had filed an application dated 13‑9‑1967, and stated therein that as the appellant was an old woman and was not in a position to pay the fees of lawyer, she could not file the petition in time. No notice of this application was given to the respondents. The appellant's said application besides being vague, gave no satisfactory reason for the delay. In accordance with the principle now well settled that the persons who had secured acquittal from the High Court should not be put in jeopardy of their lives by a petition for special leave to appeal filed out of time, this Court does not, as a rule, extend time in the case of petitions filed against orders of acquittal. Inasmuch , as the respondents were not heard at the time the leave was granted, they are entitled to raise the objection at this stage, vide P L D 1966 S C 481 and 1968 S C M R 16. We accordingly hold that the petition for special leave to appeal was barred by limitation.

Leave to appeal is accordingly, recalled and the petition for leave is dismissed.

Leave granted recalled.

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