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1971 SCMR 76

Mirza MEHBOOB BEG vs The STATE

Citation1971 SCMR 76
CourtSupreme Court of Pakistan
Case No.Petition for Special Leave to Appeal No. K-17 of 1970
Date1970-08-17
Judge(s)Waheeduddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan
ResultPetition dismissed

ORDER

1. MUHAMMAD YAQUB ALI, J.-This petition for leave to appeal from the order of a learned Judge in the High Court in a criminal matter is barred by 17 days.

2. In the application for condonation of delay, it is alleged that the petitioner had acted bona fide as he was away for a consider--able time from Karachi where the appeal was heard and that he came to know of the order of dismissal of the appeal against conviction under section 409, P. P. C.

3. Read with section 5 (2) of the Prevention of Corruption Act 11 of 1947 only on 31-3-1970. The counsel who appeared in the High Court admittedly gave intimation to the petitioner about the judgment delivered in the case immediately. It was, therefore, the fault of the petitioner if he did not attend to the matter in time. In any case when the petitioner on his own showing received intimation of the order of the High Court on 31-3-1970 there is no explanation for delay in the institution of the petition for leave to appeal up to 14-4-1970.

4. The petition is dismissed as barred by time.

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