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Criminal Petition for Special Leave to Appeal No. 39‑P of 1982, decided on 2nd May, 1984.

(Against the judgment of the Peshawar High Court, Peshawar, dated 29th May, 1982, passed in Criminal Apeal No. 37 of 1982).

‑‑ Art. 185(3)‑N.‑W. F. P. Hazara Forest Act, 1936, S. 9‑ Petition for leave to appeal against acquittal barred by limitation by 15 days‑No ground for condonation of delay pleaded‑Case, even on merits, not considered fit for interference ‑ Leave to appeal refused.

Bashirullah, A. A.‑G., N.‑W. F. P. with . M. Qasim Imam, Advocate-on‑Record for Petitioner.

Ch. Akhtar Ali, Advocate‑on‑Record (absent) for Respondent.

Date of hearing : 2nd May, 1984.

.‑This petition by the State is directed against the judgment of the Peshawar High Court, dated 29‑5‑1982, acquitting Muhammad Yar Khan respondent of an offence under section 9 of the N.‑W. F. P. Hazara Forest Act, 1936 setting aside his conviction by the learned trial Magistrate.

2. The learned Assistant Advocate‑General has, however, conceded before us that this petition for leave to appeal against the acquittal of the respondent is barred by limitation by 15 days and that the delay was caused by mistake on the part of the State. As such there is no ground for condonation of the delay specially in a case where the respondent ha acquired a valuable right to liberty. Even otherwise after having gone through the impugned judgment we do not consider it fit case for inter ference on merits by way of granting leave. The petition is, therefore, dismissed.

S. Q. Petition dismissed.

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