MUHAMMAD ANWAR vs MUHAMMAD ALI Etc.
This matter involves two criminal petitions for special leave to appeal arising from a judgment of the High Court. The first petition, Criminal Petition No. 274 of 1982, was filed by the complainant against the acquittal of eight accused respondents. The core legal question was whether the High Court erred in acquitting the said respondents. The second petition, Criminal Petition No. 341 of 1982, was filed by two convicts against their conviction and sentences, suffering from a question of limitation. The Supreme Court held that the High Court's conclusion regarding the acquittal was correct and dismissed the first petition on merits. Furthermore, the Court held that the second petition was time-barred without sufficient grounds shown for condonation of delay and dismissed it accordingly. The key principle laid down is that the Supreme Court will not interfere with a High Court's proper acquittal order, and time-barred petitions without sufficient cause for delay are liable to dismissal.
- Whether the Supreme Court will interfere with a High Court's judgment acquitting the accused?
- Whether a time-barred petition for special leave to appeal can be entertained without sufficient ground for condonation of delay?
ORDER
ASLAM RIAZ HUSSAIN, J.--This order will dispose of:
(i) Criminal Petition for Special Leave to Appeal No. 274 of 1982, filed by Muhammad Anwar, against the acquittal of 8 accused respondents (in that petition) and
(ii) Criminal Petition for Special Leave to Appeal No. 341 of 1982, filed by Muhammad Ali and Muhammad Hussain, against their conviction and sentences.
Aslan Riaz Hussain, Muhammad Afzal Zullah and Nasim Hasan Shah
2. We have heard the learned counsel for the petitioner in Criminal Petition No. 274 of 1982, and went through the impugned judgment. We find ourselves in respectful agreement with the conclusion reached by the High Court and feel that the 8 respondents in Criminal Petition No. 274 of 1982 were rightly acquitted as such the petition is dismissed as having no merit.
3. As for Criminal Petition for Special Leave to Appeal No. 341 of 1982, it is time-barred and no good ground has been shown for condonation of the delay. It is, therefore, dismissed as barred by time.