Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302---Supreme Court Rues, 1980, O.XXXIII Rr. 1 & 7---Constitution of Pakistan (1973), Art. 185(3)---Appeal against acquittal---Limitation---Petition for leave to appeal was out of time by 33 days---Lapse of time was, in a criminal matter, sufficient to provide protection to the accused who had been acquitted, against further judicial process through the petition for leave to appeal---Delay was sought to be condoned on the ground of the accused being confused about the period of limitation with reference to the Supreme Court Rules, 1980---Such plea of accused being frivolous and baseless was devoid of merit---Filing of a time-barred petition alongwith an application seeking condonation thereof did not fall within the ambit of the phrase "at any stage of the proceedings in the Court", in terms of O.XXXIII, R. 7 of the Supreme Court Rules, 1980--­Petition for leave to appeal was accordingly dismissed as barred by time. Mst. Rabia Bibi v. Rasool Bakhsh, etc, PLD 1966 SC 531; Abdul Qayyum v. Ghulam Yasin PLD 1963 SC 151; Nabi Bakhsh v. Ghulam Sarwar and others 1968 SCMR 780; Piran Ditta v. The State and others 1970 SCMR 282; Mst. Zeenat Sultan v. Mumtaz Khan and others PLD 1994 SC 667 and Asad Ali v. Federation of Pakistan 1998 SCMR 15 ref. (b) Limitation Act (IX of 1908)--- ----S. 5---Penal Code (XLV of 1860), S. 302---Supreme Court Rules, 1980, O.XXIII, R.2---Constitution of Pakistan (1973), Art. 185(3)---Petition for leave to appeal against acquittal ---Condonation of delay---Lapse of time in a criminal matter is sufficient to provide protection to a person who has been acquitted, against further judicial process by way of a formal petition for leave to appeal. Mst Rabia Bibi v. Rasool Bakhsh and others PLD 1966 SC 531; Abdul Qayyum v. Ghulam Yasin PLD 1963 SC 151; Nabi Bakhsh v. Ghulam Sarwar and others 1968 SCMR 780; Piran Ditta v. The State and others 1970 SCMR 282 and Mst. Zeenat Sultan v. Mumtaz Khan and others PLD 1994 SC 667 ref. ORDER IRSHAD HASAN KHAN, J.---This petition for leave to appeal under Article 185(3) is directed against the judgment of the Peshawar High Court, D.I. Khan Bench, whereby a Division Bench…

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