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MUHAMMAD ANWAR versus MUHAMMAD ALI


Article 185 (3) of the Limitation Act (IX of 1908), Section 5 sentenced to time restriction and there was no good scope for delayed concession under which the ban was imposed, such as criminal application under time restriction. No. 274 1982
1986 S C M R 1511

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

MUHAMMAD ANWAR‑‑Petitioner

versus

MUHAMMAD ALI etc. ‑‑Respondents

Criminal Petition No. 274 and Criminal Petition for Special Leave to Appeal No. 241 of 1982, decided on 31st May, 1986.

(a) Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S. 417‑ Acquittal‑‑Conclusion reached by High Court unexceptionable‑‑Petition, having no force, dismissed.

(b) Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Limitation Act (IX of 1908), S. 5‑‑Conviction‑‑Petition barred by time and no good ground shown for condonation of delay‑ Petition dismissed as barred by time. Criminal Petition No. 274 of 1982

Ghulam Sarwar with Rana Muhammad Sarwar Khan, Advocate Supreme Court for Petitioner.

Aitizaz Ahsan, Advocate Supreme Court and M.A. Qureshi, Advocate‑on‑Record for Respondents.

Mian Ataur Rehman, Advocate‑on‑Record for the State.

Criminal Petition for Special

Leave to Appeal No. 341 of 1982

Aitzaz Ahsan, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.

Nemo for Respondent.

Date of hearing: 31st May, 1986.

ORDER

ASLAM RIAZ HUSSAIN, J.‑‑

This order will dispose of:

(i) Criminal Petition for Special Leave to Appeal No. 274 of 1982, filed by Muhammad Anwar, against the acquittal of 8 accused respondents (in that petition) and

(ii) Criminal Petition for Special Leave to Appeal No. 341 of 1982, filed by Muhammad Ali and Muhammad Hussain, against their conviction and sentences.

Aslan Riaz Hussain, Muhammad Afzal Zullah and Nasim Hasan Shah

2. We have heard the learned counsel for the petitioner in Criminal Petition No. 274 of 1982, and went through the impugned judgment. We find ourselves in respectful agreement with the conclusion reached by the High Court and feel that the 8 respondents in Criminal Petition No. 274 of 1982 were rightly acquitted as such the petition is dismissed as having no merit.

3. As for Criminal Petition for Special Leave to Appeal No. 341 of 1982, it is time‑barred and no good ground has been shown for condonation of the delay. It is, therefore, dismissed as barred by time.

M. Y. H. Petitions dismissed.

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