1971 PLP 526 (SCMR)
MOHAMMAD DIN‑Petitioner Versus GHULAM FARID AND 2 OTHERS‑Respondents
| Citation | 1971 PLP 526 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Hamoodur Rahman, C. J., Sajjad Ahmad and Salahuddin Ahmed, JJ |
| Parties | MOHAMMAD DIN‑Petitioner Versus GHULAM FARID AND 2 OTHERS‑Respondents |
Q1: What are the key laws and sections cited in 1971 PLP 526 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1971 PLP 526 (SCMR)?
The case was heard and decided by the High Court bench comprising: Hamoodur Rahman, C. J., Sajjad Ahmad and Salahuddin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1971 PLP 526 (SCMR) (MOHAMMAD DIN‑Petitioner Versus GHULAM FARID AND 2 OTHERS‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mian Bashir Ahmad Zafar, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents Nos. 1 and 2.
- Date of hearing : 28th June 1971.
- Mian Nusrat Ullah, Advocate Supreme Court instructed by Sh. Ijaz Ali, Advocate‑ on‑Record for the State.
Headnotes / Summary
(On appeal from judgment and order of erstwhile High Court of West Pakistan, dated 3‑3‑1970, in Murder Reference No. 57 of 1969 and Criminal Appeal No. 51 of 1969). Penal Code (XLV of 1860), S. 302‑Persons convicted for murder‑High Court on appeal acquitting one and reducing sentence of another‑Petition for Special Leave to Appeal to Supreme Court against order of acquittal and reduction in sentence Petition barred by time Petitioner failing to show that he was prevented from knowing acquittal and reduction of sentence in time due to any cause attributable to respondents‑Delay not condoned Petition dismissed as barred by time‑Constitution of Pakistan (1962), Art. 58(3)‑Supreme Court Rules, 1956, O. XXIV, r.
2. Abdul Qayyum v. Ghulam Yasin P L D 1963 S C 151; Mst. Rabia Bibi v. Rasool Bakhsh P L D 1966 S C 531 and Piran Ditta v. State 1970 S C M R 282 ref. Mian Nusrat Ullah, Advocate Supreme Court instructed by Sh. Ijaz Ali, Advocate‑ on‑Record for the State.
Judgment & Decree
HAMOODUR RAHMAN, C. J.‑This is a petition for special leave to appeal from the judgment and order of the High Court of West Pakistan recording the acquittal of respondent Mohammad Hanif and the reduction of the sentence of respondent Ghulam Farid under section 302, P. P. C. from death to transportation for life. This petition is barred by 186 days and the only reason given in the petition for the condonation of this delay is that since the petitioner was not a party to the proceedings in the High Court he came to know of the judgment of the High Court delivered on the 3rd March 1970 only on the 9th April 1970. He then applied for r the copy on the same day but the copy was made available on the 30th September 1970. This explanation does not show that the petitioner was prevented from knowing of the acquittal and the reduction of the sentence by any cause attributable to the respondents. The delay cannot, therefore, be condoned. This Court has already held in several cases that in the case of an application for leave to appeal against an order of acquittal, this Court does not condone the delay unless it is shown that the applicant was prevented by the acquitted persons themselves from coming to this Court in time, vide Abdul Qayyum v. Ghulam Yasin (PLD1963SC151), Mst. Rabia Bibi v. Rasool Bakhsh (PLD1966SC531), Piran Ditta v. State (1970 S C M R 282) and Nabi Bakhsh v. Ghulam Sarwar (1968 S C M R 780). The same principle, in our opinion, applies to a case where the applicant is only seeking enhancement of the punishment in which a private complainant has no interest at all. This petition is, accordingly, dismissed as being barred by time. Petition dismissed as barred by time.