1997SCMR534 (PLP)
MUHAMMAD RASHID‑‑‑Appellant Versus THE STATE‑‑‑Respondent
| Citation | 1997SCMR534 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Munir Khan, Mir Hazar Khan Khoso and |
| Parties | MUHAMMAD RASHID‑‑‑Appellant Versus THE STATE‑‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1997SCMR534 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997SCMR534 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Munir Khan, Mir Hazar Khan Khoso and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997SCMR534 (PLP) (MUHAMMAD RASHID‑‑‑Appellant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Muhammad Akram (absent) for Appellant.
- Date of hearing: 17th April, 1995.
- 2. Ch. Muhammad Akram, Advocate, counsel for the appellant is absent. No one has appeared for the State. Since the appeal cannot and should not be dismissed in default, so we have considered this appeal carefully. We find that Federal Shariat Court has dismissed the appeal in limine as barred by time neither any application for condonation of delay was moved before the Federal Shariat Court nor any affidavit explaining the delay was annexed with the Jail Appeal. In the Petition filed before this Court, the delay has been explained in paragraph 2 of the Memorandum of Petition/Appeal, which reads as under:‑‑---
Headnotes / Summary
(On appeal from the order of Federal Shariat Court dated 14‑10‑1992 passed in Jail Criminal Appeal No.254/1 of 1992). ‑‑‑‑S. 392‑‑‑Time‑barred appeal was dismissed without going into merits by Federal Shariat Court‑‑‑Effect‑‑-Federal Shariat Court had rightly dismissed the appeal of accused as time‑barred without going into the merits of the case‑‑ Since Federal Shariat Court had not given its view on merits, it was not possible for Supreme Court to examine the merits of the case‑‑‑Appeal was dismissed accordingly. Nemo for the State.
Judgment & Decree
MUHAMMAD MUNIR KHAN, J.‑‑‑This appeal, by leave of the Court, arises from the facts that Muhammad Rashid appellant and three others were tried under section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, by the Additional Sessions Judge, Gujrat (Camp at Kharian), who, on 13‑2‑1991, convicted all the accused under section 392, P.P.C. and sentenced them to 7 years' R.I. each and a fire of Rs.10,000 each or six months' S.I. each. Benefit of provisions of section 382‑B, Cr.P.C. was given to the accused. The appeal filed by Muhammad Rashid appellant against his conviction and sentence was dismissed by the Federal Shariat Court on 14‑10‑1992 as barred by 538 days. Feeling aggrieved thereby, he filed petition for leave to appeal through Jail in this Court which was granted on 1‑9‑1993.
2. Ch. Muhammad Akram, Advocate, counsel for the appellant is absent. No one has appeared for the State. Since the appeal cannot and should not be dismissed in default, so we have considered this appeal carefully. We find that Federal Shariat Court has dismissed the appeal in limine as barred by time neither any application for condonation of delay was moved before the Federal Shariat Court nor any affidavit explaining the delay was annexed with the Jail Appeal. In the Petition filed before this Court, the delay has been explained in paragraph 2 of the Memorandum of Petition/Appeal, which reads as under:‑‑
3. Again, no affidavit in support of this explanation has been filed in the Supreme Court. There is nothing on the record to show as to when the appeal was filed by the appellant against his conviction and sentence in the High Court and whether the same has been disposed of or not. The appeal before the Federal Shariat Court was hopelessly barred by about one year and nine months. We do not see any valid explanation for such long delay in the filing of the appeal. Since the Federal Shariat Court has not given its view on merits and rightly so, because after holding the appeal barred by time, the Federal Shariat Court could not have gone into the merits of the case, it is not possible for us to examine the merits of the case.
4. For what has been said above, there being no merit, the appeal is dismissed. N.H.Q./M‑3071/S Appeal dismissed.