' IFTIKHAR MUHAMMAD CHAUDIIRY, J.---This petition for leave to appeal has been filed against the judgment, dated 28th March 2001 passed by Lahore High Court, Lahore whereby criminal appeal filed by respondent No,1 has been allowed and he has been acquitted.
2. This petition is barred by 67 days. Alongwith memo. Of petition, an application has been filed seeking condonation of delay on the ground that petitioner had no knowledge about the decision of the High Court.
3. We have heard the learned counsel for petitioner and have also gone through the application for condonation of delay. We are not ready to accept the explanation offered for condonation of delay in application because it is the duty of the petitioner to remain vigilant about the proceedings pending before the High Court. Reference in this behalf can be made to the judgment reported as Fakhar-ud-Din v. Fazal Karim and others 1999 SCM R 795 where in it has been held that "lapse of time, in a criminal matter, is sufficient to provide protection to the accused who had been acquitted, against further judicial process through the petition for leave to appeal". Besides, respondent No,1 has already undergone the imprisonment for about five months before passing of the order by the learned High Court.
Thus, for the foregoing reasons, we see no force in this petition as such the same is dismissed and leave declined.