Mst. HAJRAN BIBI vs HABIB AND 3 Other
This matter arises from a petition for special leave to appeal filed against an order of acquittal passed by the High Court, which set aside the convictions and sentences awarded under section 302/34 of the Pakistan Penal Code 1860 by the Sessions Judge. The core legal question concerns whether the delay in filing a petition for special leave to appeal against an acquittal can be condoned, thereby placing acquitted persons back in jeopardy. The Supreme Court held that the petition was barred by limitation by 29 days and that no satisfactory reason or valid ground was shown for the delay. The Court affirmed the established principle that time will not ordinarily be extended in petitions against acquittal to avoid placing acquitted persons in jeopardy out of time, and noted that the respondents were entitled to raise the limitation objection since they were not heard when leave was initially granted. Consequently, the Supreme Court recalled the leave to appeal and dismissed the petition.
- Can time be extended for filing a petition for special leave to appeal against an order of acquittal when the petition is barred by limitation?
- Are respondents entitled to raise an objection regarding limitation at the hearing stage if they were not heard when leave to appeal was originally granted?
- Section 302/34, Pakistan Penal Code 1860
ORDER
1. SALAHUDDIN AHMED, J.-In this case leave to appeal from an order of acquittal by the High Court was given on 24-6-1968. The respondents had been tried under section 302/34 of the Pakistan Penal Code by the Sessions Judge, Gujranwala and convicted and two of them were sentenced to death and one was sentenced to transportation for life. On appeal and reference the High Court acquitted them all and hence the present appeal.
2. It transpires from the order of this Court dated 21-10-1968 that the petition for special leave to appeal had already been barred by 29 days. The record shows that Mst. Hajran Bibi, mother of the deceased person, had filed an application dated 13-9-1967, and stated therein that as the appellant was an old woman and was not in a position to pay the fees of lawyer, she could not file the petition in time. No notice of this application was given to the respondents. The appellant's said application besides being vague, gave no satisfactory reason for the delay. In accordance with the principle now well settled that the persons who had secured acquittal from the High Court should not be put in jeopardy of their lives by a petition for special leave to appeal filed out of time, this Court does not, as a rule, extend time in the case of petitions filed against orders of acquittal.
3. Inasmuch , as the respondents were not heard at the time the leave was granted, they are entitled to raise the objection at this stage, vide PLD 1966 SC 481 and 1968 SCMR 16. We accordingly hold that the petition for special leave to appeal was barred by limitation.
4. Leave to appeal is accordingly, recalled and the petition for leave is dismissed.