| Case ID |
1719045f-498d-4618-8216-98e87bc4f480 |
| Body |
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| Case Number |
Crl. P.S.L.A. No. 59 OF 2015 |
| Decision Date |
Jan 22, 2016 |
| Hearing Date |
Jan 22, 2015 |
| Decision |
The application for condonation of delay was dismissed as the petitioner did not provide sufficient grounds for the delay in filing the Crl. P.S.L.A. The court noted that the provisions of Section 5 of the Limitation Act do not apply to Section 417 of the Criminal Procedure Code, as there is a specific limitation period prescribed for appeals against acquittals. The court emphasized that the petitioner failed to file the appeal within the prescribed period and did not substantiate claims regarding delays caused by obtaining copies of judgments. Consequently, both the application and the appeal were dismissed as time-barred. |
| Summary |
In the case of Crl. P.S.L.A. No. 59 OF 2015, the Lahore High Court dealt with an application for condonation of delay in filing an appeal against the acquittal of several respondents. The petitioner argued that delays were due to the time taken to obtain a copy of the judgment and the winter vacations of the court. However, the court found that the provisions of the Limitation Act did not apply due to the specific limitation period outlined in the Criminal Procedure Code for appeals against acquittals. The court referenced prior cases to support its decision, highlighting the importance of timely filing in maintaining the integrity of the judicial process. Ultimately, the court dismissed the application and the appeal, reinforcing the legal principle that appeals against acquittals require strict adherence to the prescribed timelines. This case underscores the critical nature of following procedural rules in criminal law and the significance of timely action by petitioners seeking justice. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ERUM SAJAD GULL, J
|
| Lawyers |
Aamir Iqbal Khan
|
| Petitioners |
Aamir Iqbal Khan
|
| Respondents |
Muhammad Yaqoob Jaura,
Etc
|
| Citations |
2016 SLD 1719,
2016 LHC 93
|
| Other Citations |
2005 MLD 1333,
2012 SCMR 1281,
2014 SCMR 671,
1999 SCMR 795
|
| Laws Involved |
Limitation Act (IX of 1908),
Criminal Procedure Code (Act V of 1898)
|
| Sections |
5,
29,
417
|