Law:

Section:

(a) Penal Code (XLV of 1860)---- ---S. 223---Constitution of Pakistan (1973), Art.185(3)---Condonation of delay---Evidence available on record did not show that the accused was either custodian of the lock-up or the lock-up was opened at his direction and the escaped prisoner was taken to latrine by his order without being handcuffed---Accused no doubt was on duty, but the lock-up was not under his direct supervision or command---Escaped prisoner was taken out from the lock-up at the direction of Shab-Moharrir in the presence of Duty Officer and prosecution had failed to prove that it was exclusively the negligence of the accused or he had extended any facility in the said escape---Delay of 145 days in tiling the petition for leave to appeal was condoned by the Supreme Court on having been satisfied that the conviction of accused was illegal and also because that Supreme Court generally condoned delay in criminal cases--- Petition for leave to appeal was converted into appeal in circumstances which was accepted and the accused was acquitted accordingly. Muhammad Yaqoob v. The State PLD 2001 SC 378; Kedarnath v. State AIR 1965 All. 233; Nemichand v. Commissioner, Nagpur Division, Nagpur ILR 1947 Nag. 256; 228 IC 525; 1947 NU 281; Muhammad Sadiq v. Muhammad Sarwar 1979 SCMR 214; Sadiq v. The State PLD 1967 SC 356 and Muhammad Bakhsh v. State 1985 SCMR 72 ref. (b) Penal Code (XLV of 1860)------ ----S. 223---"Escape from confinement or custody negligently suffered by public servant"---Connotation---When negligence is a part of the definition of .the penal section it implies that the act constituting the offence must have been done by the accused himself and if it was accomplished by some one else, the accused cannot be held responsible for it. ORDER JAVED IQBAL, J.-----In this criminal petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 leave is sought against the judgment dated 30-1-2001 passed by learned Single Judge of High Court of Balochistan, Quetta whereby the revision petition preferred on behalf of petitioner has been dismissed and judgment of the learned Additional Sessions Judge dated 11-10-2000 whereby the conviction…

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