| Citation(s) |
|---|
| 1981 SLG 525 1981 SLD 525 1981 SCMR 926 |
Supreme Court of Pakistan
Criminal Petition No. 9-R of 1980, decision dated: 15-03-1980.(On the appeal from the judgment and order dated 20-11-1979 of the Peshawar High Court, in Cr. Appeal No. 92/79)
ANWARUL HAQ, C.J. AND DORAB PATEL, J
Shaukat Ali, Senior Advocate instructed by Ch. Akhtar All, Advocate-on-Record for Petitioner. Nemo for
Respondents.
Criminal Petition No. 9-R of 1980, decision dated: 15-03-1980.(On the appeal from the judgment and order dated 20-11-1979 of the Peshawar High Court, in Cr. Appeal No. 92/79)
ANWARUL HAQ, C.J. AND DORAB PATEL, J
Shaukat Ali, Senior Advocate instructed by Ch. Akhtar All, Advocate-on-Record for Petitioner. Nemo for
Respondents.
RASOOL MUHAMMAD
VS
SHERAZ GUL alias SIRAJ FTC.
Law:
Section:
(a) Constitution of Pakistan (1973)--Art. 185(3)-Leave to appeal--Delay--Condonation---Delay in filing petition for leave to appeal caused by gross negligence of Advocate-on-Record--Delay in circumstances condoned.---[Condonation of delay?. (b) Counsel and client- . --- Gross negligence of counsel-Disciplinary action--Petition seeking enhancement a~ sentence awarded to respondent first presented at L Registry of Supreme Court but returned on same day on ground of having related to area served by P Registry of Court and could therefore be 1iid either at P or main seat at R-Advocate-. on-Record for petitioner thereupon sending such petition to R through post along with paper books but same ordered to be returned to Advocate-on-Record for refiling in accordance with provisions of rules, petitions for leave to appeal being not permitted to be filed through post-Petition ultimately refiled at R in accordance with rules but getting barred by 79 days-Case, held, prima facie a case of gross negligence on part of Advocate-on-Record originally engaged by petitioner-Notice issued to Advocate-on-Record to show cause why his name be not removed from roil of Advocate-on-Record. (c) Penal Code (XLV of 1860)- S.302-[Murder-case]-Sentence-Mitigating circumstances-Case one of sudden quarrel with an element of provocation on part of deceased-Respondent accused, at. time of stabbing deceased still labouring under agitation generated by quarrel and grappling with deceased-Facts, held, revealed mitigating circumstances in matter of sentence and extreme penalty not called for. Dost Muhammad v. The State P L D 1963 S C 285 ; Sikander v. The State P L D 1966 S C 555 and Ayu6 Khan and 2 others v. The State 1974 S C M R 324 ref. ORDER ANWARUL HAQ, C. J.-This petition seeking enhancement the sentence of life imprisonment awarded to the respondent Sheraz Gul for the murder of the petitioner's son Zarawar, is barred by 79 days. In the application for condonation of delay it is stated that this petition was first presented at the Lahore Registry of this Court on the 13th of December, 1979, but it was returned the same day on the ground that it related to the area served by the Peshawar…
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