MUHAMMAD KHAN alias MITHU vs State S — 2025 PLD 425 SUPREME-COURT

Case information

Citation: 2025 PLD 425 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: PLD
Parties: MUHAMMAD KHAN alias MITHU vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 5---P; Limitation Act (IX of 1908); Limitation Act

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

MUHAMMAD KHAN alias MITHU VS State S. 302(b)---Limitation Act (IX of 1908), S. 5---Pakistan Prisons Rules, 1978, Rr. 90 & 91---Constitution of Pakistan, Art. 185(3)---Non-filing of appeal---Condonation of delay---Jail authorities, responsibility of---Petitioner was convicted and sentenced to death on three counts and no Jail Appeal was filed by him despite being in jail for more than thirteen years before filing of appeal before Supreme Court---Validity---Superintendent of Jail should have obtained and forwarded appeal as he was under obligation to facilitate petitioner/convict in filing of appeal within the period of limitation as prescribed under Rule 91 of Pakistan Prisons Rules, 1978---Technicalities should not hamper Court of justice---Powers regarding condonation under section 5 of Limitation Act, 1908 should be liberally exercised to ensure administration of justice in its true spirit---Supreme Court condoned the delay of more than thirteen years caused in filing of Jail Appeal against death sentence on three counts---Application was allowed.

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