MONTAZ ALI vs The STATE
The petitioner sought leave to appeal against the summary dismissal of his criminal revision petition by the High Court on the ground of limitation. The petitioner was convicted under sections 457 and 380 of the Pakistan Penal Code and sentenced to rigorous imprisonment along with a fine, which conviction and modified sentence were upheld by the appellate court on 4th June 1969. The petitioner filed his criminal revision petition nearly nine months later on 2nd March 1970 along with an application for condonation of delay. The Supreme Court examined the delay application and found the grounds stated therein to be unreasonable, noting that the petitioner failed to surrender to undergo imprisonment or explain why he avoided the process of law. The Supreme Court held that the High Court was justified in dismissing the revision on limitation and that the case was not a fit one for interference. The petition was accordingly dismissed, affirming that unexplained delay and failure to surrender disentitle a petitioner to discretionary relief.
- Whether the High Court was justified in dismissing a criminal revision petition summarily on the ground of limitation?
- Does failure to surrender and explain delay in filing a revision petition warrant the refusal of condonation of delay?
- Whether the Supreme Court will interfere with the summary dismissal of a revision petition where no reasonable grounds for delay are shown?
- Section 457, Pakistan Penal Code
- Section 380, Pakistan Penal Code
ORDER
1. M. R. KHAN, J.-The petitioner was convicted under sections 457 and 380 of the Pakistan Penal Code and sentenced to undergo rigorous imprisonment for two years under each count. The sentences were to run concurrently. He was also fined Rs. 500 and in default to suffer further rigorous imprisonment for six months. On appeal, the Additional Sessions Judge 3 Court, Mymensingh maintained the conviction of the petitioner under both the sections 457 and 380 of the Code and also maintained the sentence of 2 years' rigorous imprisonment under section 457, but refused to award any separate sentence under section 380 of the Code. Moreover, the fine of Rs. 500 was reduced by him to Rs. 300. The appellate Court's judgment was delivered on the 4th June 1969.
2. About nine months thereafter, that is, on the 2nd March 1970, the petitioner filed a criminal revision petition in the High Court with an application for condonation of delay. A learned Single Judge of the High Court, however, dismissed the criminal revision summarily on the ground limitation, We ourselves have looked into the application for condonation of delay filed in the High Court, but found that the grounds for delay stated therein are hardly reasonable. The petitioner should have surrendered to undergo the imprisonment after the dismissal of his appeal on the 4th June 1969, but he did not surrender until the 26th February 1970. No explanation was offered by him as to why he avoided the process of law. We do not think that this is a fit case for our interference. The petition is dismissed.rd
Cited by 1 case
- SALIM AHMAD KHAN vs THE STATE 1989 P Cr. L J 1118