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Petitioner: ABDUL HAMID VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad Title: ABDUL HAMID vs The STATE Case No.:Criminal Miscellaneous No. 362/Q of 1971 Petition for Special Leave to
Appeal No. 223 of 1971 Date of Judgment:1971-11-25 Reported As: 1971 SCMR 781 Result: Petition dismissed Judgment ORDER WAHEEDUDDIN AHMAD, J.---This petition is directed against the order of the Lahore High Court in Criminal Miscellaneous No. 362/Q of 1971. By this order, a learned Single Judge has dismissed the application for quashment of the proceedings. There are 9 cases pending against the petitioner under section 409, P. P. C. Before the learned Special Judge, Anti --Corruption, Rawalpindi. The case of the petitioner is that the learned Special Judge concluded the prosecution and defence evidence but finding that the sanction has not been obtained, discharged the petitioner of his bail bond by order dated the 31st January 1962, under section 249, Cr. P. C. Two days later, the prosecution was able to produce the sanction. Thereupon, the learned Special Judge proceeded only with one case and convicted the petitioner on the 31st March 1962. The petitioner's appeal, in the High Court, was dismissed in May 1967. His application for special leave to appeal before this Court was also dismissed. Thereafter the remaining cases came up before the learned Special Judge for hearing in April 1971, and he has started proceedings in all the remaining 8 cases. The petitioner moved an application for quashment of the proceedings on the ground of long delay. A learned Single Judge of the High Court dismissed the application on the ground that delay per se even if it is without any fault on the part of accused person, is no ground for quashing the proceedings. Reliance was placed on the decisions of this Court in the cases of M. S. Khawaja v. The State (PLD1965SC287) and Ghulam Muhammad v. Muzamal Khan and others (PLO1967SC317). The petitioner seeks permission to file an appeal against the said order.
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After hearing the learned counsel for the petitioner we are satisfied that the delay in this case was due to the fact that the record was not available for several years. This is a good explanation. In these circumstances, the High Court was perfectly justified in not quashing the proceedings. There is no ground to interfere. The petition is dismissed.