Citation Name: 2024 PLD 70 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case DILAWAR KHAN vs State Ss — 2024 PLD 70 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 PLD 70 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: PLD
Parties: Citation Name: 2024 PLD 70 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case DILAWAR KHAN vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2024 PLD 70 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case DILAWAR KHAN VS State Ss. 3 & 14---Illegaly entering into Pakistan---Appreciation of evidence---Benefit of doubt---Time barred appeal---Scope---Allegedly appeal was filed with delay---Right of appeal is a substantial right which normally should not be denied on technical counts/reasons particularly when it came to the criminal administration of justice---Normally condonation of delay would do nothing with the merits of the case, but would only require the Court to decide the lis on merits---Condonation of delay is normally subject to giving a "reasonable explanation" which might have prevented party in approaching the Court---Thus, while examining the question of limitation, the circumstances claimed to have prevented one in approaching the Court in time, would always be a decisive---If the circumstances pleaded appear to be justified or even likely to be believable though no proof is offered then the delay must always be condoned---Even condonation of delay would not absolve the party from establishing his case on merits---Hence, in the foregoing circumstances, the conviction and sentence inflicted by the Trial Court in terms of the impugned order dated 29-03-2023 was not sustainable in the eyes of the law, which was set-aside and the case was remanded back to the Trial Court to decide the same in accordance with law, after recording the evidence.

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