ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Acquittal Appeal No.S-46 of 2018.

Date of hearing

Order with signature of Judge

For orders on M.A.No.5013/2018.

24.12.2018.

Mr.Muhammad Shoaib Shaikh, Advocate for Appellant.

Mr.Nisar Ahmed Abro, Deputy Attorney General.

Private respondent in person.   

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                   The appellant by way of instant application has sought for restoration of instant criminal acquittal appeal, which was dismissed for non-prosecution by this Court on 16.11.2018, with the following observation;

“None present on behalf of the appellant. No intimation is furnished; same was the position on the last date of hearing. As per office note, the instant appeal is time barred. It is dismissed for non-prosecution”.

                   It is contended by learned counsel for the appellant that he could not attend this Court timely because of sudden increase in fog. By contending so, he sought for restoration of the instant criminal acquittal appeal for its disposal on merit.

                   Learned D.A.G who is assisted by the private respondent in person has sought for dismissal of the instant application by contending that its restoration would serve no purpose, as the very appeal is time barred, as according to them the acquittal was recorded on 15.05.2018, while it was impugned by way of instant criminal acquittal appeal on 26.09.2018, after lapse of thirty days time.

                   I have considered the above arguments and perused the record.

                   Admittedly, on two consecutive dates of hearing, none put appearance on behalf of the appellant, it is why, the instant criminal acquittal appeal was dismissed for non-prosecution, which could hardly be restored by way of simple application.  If for the sake of arguments, it is believed that it could be restored, even then such restoration would serve no purpose as the very criminal acquittal appeal is time barred as it has been filed after lapse of thirty days time, which is prescribed by law under section 417 (2-A) Cr.PC.

                   Based upon above discussion, the instant application is dismissed.

                                                     JUDGE