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Criminal Petition for Special Leave to Appeal No. 184 of 1971, decided on 6th July 1372.
(On appeal from the judgment and order of the Lahore High Court, dated the 17th February 1971, in Criminal Appeal No. 439 of 1967).
Appeal (Criminal)
‑Appeal from acquittal‑Petition for Special Leave to Appeal to Supreme Court‑Delay in filing, cannot. be condoned unless it be shown that petitioner was precluded from filing petition due to some act of respondents or other similar compelling circumstances‑Constitution of Pakistan (1962), Art. 58(3) ‑Con stitution of Pakistan (1972), Art. 184(3).
Muhammad Khan v. Sultan 1969 S C‑M R 82 ref..
Syed Wirasat Hussain Naqvi, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate‑on‑Record for Petitioner.
Nemo for Respondents Nos. 1 to 4.
Kh. Saeedul Hasan, Advocate Supreme Court instructed by Ijaz Ali, Advocate‑on‑Record for the State.
Date of hearing :'6th July 1972.
This is a petition for special leave to appeal from the judgment and order of a Division Bench of the High Court at Lahore, acquitting the first four respondents herein. They were convicted by the Sessions Judge, Mianwali, under section 302/34 of the Pakistan Penal Code and sentenced to transportation for life each.
This petition, which has been filed by the son of the murdered person, is barred by 116 days, and the only explanation given for this delay is that, after applying for the certified copy of the judgment of the High Court, the petitioner fell ill and could not come to Lahore for taking delivery of the certified copy. After recovery from illness, he came to Lahore on the 20th of June 1971, and obtained the required copy on the 21st of June 1971. The petition was filed in July 1971. No medical certificate has been filed in support of the alleged illness. Apart from this, this Court has consistently held that delay in filing a petition for special leave to appeal against an order of acquittal cannot be condoned unless it is shown that the petitioner was precluded from filing the petition in time due to some act of the respondents' or other similar compelling circumstances : vide the case of Muhammad Khan v. Sultan (1969 S C M R 82). No such ground has been dis closed in the present case. We , see no reason, therefore, to condone the delay.
This petition is accordingly dismissed as being barred by time.
Leave refused.
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