MOHAMMAD DIN vs GHULAM FARID AND 2 Other — 1971 SCMR 526

Citation: 1971 SCMR 526

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MOHAMMAD DIN vs GHULAM FARID AND 2 Other

Headnotes

Case cited as 1971 SCMR 526

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title: MOHAMMAD DIN vs GHULAM FARID AND 2 Other Case No.:Murder Reference No. 57 of 1969 Petition for Special Leave to Appeal No. 219 JUDGMENT Reported As: 1971 SCMR 526 Result: Petition dismissed Judgment JUDGMENT 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…

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