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Petitioner: STATE VS Respondent: MUHAMMAD YAQUB KHAN
Court Name: Supreme Court of Pakistan Judge(s): Mian Burhanuddin Khan, Nasim Hasan Shah, Aslam Riaz Hussain Title: STATE vs MUHAMMAD YAQUB KHAN Case No.: Criminal Petition for Special Leave to Appeal No, 39-P of 1982 Date of Judgment:1984-05-01 Reported As: 1984 SCMR 1045 Result: Petition dismissed
Judgment ORDER ' A sum RIAZ HussAirt, J.-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 has' acquired a valuable right to liberty. Even otherwise after having gone through the impugned judgment we do not consider it fit case for interrefence on merits by way of granting leave. The petition is, therefore, dismissed.