2011 SCMR 218 (PLP)
ZAFAR — Petitioner Versus MUHAMMAD ABAD and others — Respondents
| Citation | 2011 SCMR 218 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Anwar Zaheer Jamali, Khilji Aril Hussain and Rehmat Hussain Jafferi, JJ |
| Parties | ZAFAR — Petitioner Versus MUHAMMAD ABAD and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 SCMR 218 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 218 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Anwar Zaheer Jamali, Khilji Aril Hussain and Rehmat Hussain Jafferi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 218 (PLP) (ZAFAR — Petitioner Versus MUHAMMAD ABAD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ghulam Qadir Jatoi, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
S. 497
Constitution of Pakistan, Art.185(3)
Supreme Court Rules, 1980, O.XXXIII, R.6
Petition for leave to appeal to Supreme Court against such order
Said petition had been filed 22 days after the prescribed period of limitation
Counsel for the petitioner had no plausible explanation to offer in that regard
Even in the application for condonation of delay filed under O.XXXIII, R.6 of Supreme Court Rules, 1980, no plausible or sufficient cause had been disclosed by the petitioner for not approaching the Supreme Court within time
Petition was dismissed being barred by limitation.
Judgment & Decree
ANWAR ZAHEER JAMALI, J.
Aggrieved by bail granting order dated 5-6-2009, passed by learned Single Judge in Chambers of the High Court of Sindh, Bench at Sukkur, in Criminal Bail Application No.203 of 2009, this criminal petition has been preferred by the complainant in Crime No. 46 of 2008, Police Station Faiz Gun], District Khairpur, to impugn the legality of the said order. "
2. Making reference to the relevant facts of the case and contents of the F.I.R. submission of Mr. Ghulam Qadir Jatoi learned A.Q.R. is that bail granting order is not based on proper appreciation of relevant facts of the case. He, however, did not dispute that it is a case of two counter versions, as per the facts stated in the first F.I.R lodged by one Muhammad Ramzan and the other lodged by present petitioner, narrating two different stories of the same occurrence.
3. When confronted with the question of limitation, the criminal petition having been filed 22 days after the prescribed period of limitation for filing such petition against the impugned order, learned counsel has no plausible explanation to offer in this regard. Even in. the application for condonation of delay moved under Order XXXIII, Rule 6 2 of the Supreme Court Rules, 1980, which is accompanied with this criminal petition, no plausible or sufficient cause has been disclosed by the petitioner for not approaching this Court within time.
4. This being the position, this criminal petition is dismissed being barred by limitation. H.B.T./Z-5/SC Petition dismissed.