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HAQ NAWAZ versus NAZAR KHAN


Article 185 (3) of the Criminal Procedure (XLV of 1860), the 30-day ban on an appeal for a breach of the section 302 murder petition, reserves the right to be acquitted by the High Court, for delay. The appeal was rejected for the sake of the sake of it

1984 SCMR 1032

Present : Aslant Riaz Hussain, Muhammad Afzal Zullah and Nasim Hasan Shah, JJ

HAQ NAWAZ‑Appellant

Versus

NAZAR KHAN AND OTHERS‑Respondents

Criminal Petition for Special Leave to Appeal No. 30‑R of 1982, decided on 11th December, 1983.

(Against the judgment of the Peshawar High Court, dated 15th November, 1981, passed in Criminal Appeal No. 245 of 1978).

Constitution of Pakistan (1973)‑

--Art. 185(3)‑ Penal Code (XLV of 1860), S. 302 ‑ Murder Petition for leave to appeal against acquittal‑Petition time‑barred by 4 days‑Accused‑respondent on acquittal by High Court acquiring right to live ‑ No sufficient grounds for condonation of delay put forward‑Leave to appeal refused.

Sh. Zamir Hussain, Advocate Supreme Court with Ch. Akhtar Ali, Advocate‑on‑Record for Appellant.

Advocate‑General, N.‑W. F. P., Peshawar and Bashirullah Khan, Assistant Advocate‑General, N.‑W. F. P. for the State.

Date of hearing : 11th December, 1983.

ORDER

ASLAM RIAZ HUSSAIN, J

.‑This petition against acquittal by Haq Nawaz is barred by limitation by 4 days. The respondent who was acquitted by the High Court has acquired the right to live. We have carefully heard the learned Advocate‑on‑Record for the petitioner as to the grounds for condonation of delay. He has not been able to put forward sufficient grounds for the same. The petition is consequently dismissed.

S.Q Petition dismissed.

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