1. HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from the judgment and order of the High Court of West Pakistan recording the acquittal of respondent Mohammad Hanif and the reduction of the sentence of respondent Ghulam Farid under section 302, P. P. C. From death to transportation for life.
2. This petition is barred by 186 days and the only reason given in the petition for the condonation of this delay is that since the petitioner was not a party to the proceedings in the High Court he came to know of the judgment of the High Court delivered on the 3rd March 1970 only on the 9th April 1970. He then applied for r the copy on the same day but the copy was made available on the 30th September 1970. This explanation does not show that the petitioner was prevented from knowing of the acquittal and the reduction of the sentence by any cause attributable to the respondents. The delay cannot, therefore, be condoned.
3. This Court has already held in several cases that in the case of an application for leave to appeal against an order of acquittal, this Court does not condone the delay unless it is shown that the applicant was prevented by the acquitted persons themselves from coming to this Court in time, vide Abdul Qayyum v. Ghulam Yasin (PLD1963SC151), Mst. Rabia Bibi v. Rasool Bakhsh (PLD1966SC531), Piran Ditta v. State (1970 SCMR 282) and Nabi Bakhsh v. Ghulam Sarwar (1968 SCMR 780). The same principle, in our opinion, applies to a case where the applicant is only seeking enhancement of the punishment in which a private complainant has no interest at all.
4. This petition is, accordingly, dismissed as being barred by time.