Law:

Section:

Limitation Act, 1908 (IX of 1908)-- ----S. 5--Appeal time barred--Application for condonation of delay--Reason given in petition is nowhere suggestive, how and why delay occurred in grant of sanction for preferring appeal--Had there been detail in petition, Court would have been in a better position to examine whether cause was beyond control or is result of negligent action and slackness--Court would also like to deal with cause mentioned in para (2) of application taking it as gospel truth--Similar proposition was moot point before Honourable Supreme Court--Dealing with same reason, it was concluded that government cannot claim to be treated in any manner differently from an ordinary litigant--It is further to be noted that petitioner was under legal compulsion to explain delay of each and every day--Ratio expounded in Reports cited was in cases of civil nature but no line of distinction and demarcation can be made in civil and criminal cases-- No doubt law favours adjudication on merits and technicalities should not hamper way of justice but it must also be kept in mind that law of limitation is not a mere technicality--No case has been made for grant of premium to condone delay resulting in dismissal of criminal miscellaneous--Since criminal miscellaneous seeking condonation of delay stands dismissed and appeal is admittedly barred by time--Criminal appeal is dismissed. THIS JUDGMENT DELIVERED BY: Mehmood Maqbool Bajwa, J.- Since appeal titled "State Through Advocate-General Khyber Pakhtunkhwa, Peshawar vs. Sher Ali Khan, etc." (Criminal Appeal No. 8-P of 2015) is barred by 66 days (as calculated by office), therefore, through present criminal miscellaneous, premium has been sought for condonation of delay with the stance contained inPara (2) of the petition asserting that "delay occurred due to procure departmental sanctions etc." 2. Learned Assistant Advocate-General submitted that delay is neither intentional nor deliberate but time was consumed in obtaining sanction for preference of appeal by competent authority. Further contended that law favours adjudication on merits. 3. Conscious consideration has been given to the arguments advanced keeping in…

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