SAJJAD ASHRAF vs State S — 2022 PCrLJ 779 LAHORE-HIGH-COURT-LAHORE

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SAJJAD ASHRAF VS State S. 417---appeal against acquittal---Limitation---Condonation of delay---Sufficient cause---Lawyer's strike---Scope---Petitioner filed petition for leave to appeal under S. 417(2) of Cr.P.C. and prayed for setting aside of judgment passed by Gas Utility Court whereby the respondents were acquitted of the charge in private complaint---Petition was barred by time by 97 days---Validity---Only reason forwarded by the petitioner for delay in filing the petition was that the District Court was on lockdown---Lockdown was due to lawyers' strike and allowing such application of condonation of delay on ground of lawyers' strike abstaining deliberately from the court work or going on strike boycotting the courts' working was not only against the spirit of public policy, but such an act being contempt of court should not be respected in any way---allowing such application on ground of lawyers' strike would amount to recognizing the lawyers' strike as sufficient ground for not appearing in the court--- Even during period of alleged strikes the petitions, bail applications, etcetera were being filed in offices---Strikes did not stop those litigants from moving their petitions and copy forms, etcetera who were watchful of their rights---Besides the petitioner could apply for certified copies between the date of judgment and before the date of lockdown---Petitioner had not applied for a certified copy of the judgment within thirty two (32) days---Such acts could not be accepted as sufficient cause for condoning the delay in filing the petition, which had effect on legal rights of respondents accrued to them due to non-filing of petition within period of limitation---Petition was dismissed, in circumstances.

SAJJAD ASHRAF vs State S — 2022 PCrLJ 779 LAHORE-HIGH-COURT-LAHORE

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