Law: Code of Criminal Procedure, 1898

Section: 435, 439, 561-A, 408

Law: Limitation Act, 1908

Section: 5

Law: Pakistan Penal Code (PPC),1860

Section: 452

Tagline

The right of appeal is a substantial right in criminal justice that should not be defeated on technicalities; where believable physical disabilities and medical emergencies (such as partial blindness and hospitalization) prevent timely filing, a delay in filing a criminal appeal should be condoned under Section 5 of the Limitation Act.
 

 Summary

1. Procedural History & Lower Court's Dismissal

The petitioner filed a criminal revision petition under Sections 435/439 and 561-A of the Cr.PC against the order of the Additional Sessions Judge-X, Islamabad West, dated 10.12.2022. The lower appellate court had dismissed the petitioner’s appeal (filed under Section 408 Cr.PC) against his conviction by a Judicial Magistrate under Section 452 PPC on the sole ground that it was time-barred by 22 days. The lower appellate court refused to condone the delay, noting that "law favors the vigilant and not the indolent" and suggesting that the petitioner could have filed the appeal through his counsel while hospitalized.

2. Petitioner's Grounds for Condonation

The petitioner sought condonation of the 22-day delay on medical and humanitarian grounds: