Syed Asad Abbas Naqvi vs Fahad Hussain Ss — 2026 PCrLJ 889 KARACHI-HIGH-COURT-SINDH

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Syed Asad Abbas Naqvi VS Fahad Hussain Ss. 15 & 24---Limitation Act (IX of 1908), S. 5---Criminal Procedure Code (V of 1898), S.417---Tampering with auxiliary or distribution pipelines of natural gas---Appreciation of evidence---Appeal against acquittal---Appeal time-barred by 04 months---Limitation---Condonation of delay, application for---Sufficient cause---Scope---Personal inconvenience of acomplainant was not a valid excuse to condone the delay---Accused was alleged to have been found involved in theft of natural gas through a rubber and iron pipe connected to the main auxiliary gas line---Acquittal judgment was passed on 30-10-2021, whereas the appeal against acquittal had been filed on 26-02-2022 after a delay of almost four (04) months, well beyond the prescribed limitation period---Only ground mentioned in the application for condonation of delay was that the complainant was terminated from his service in Sui Southern Gas Company (SSGC) and was later reinstated, and due to his termination, the appeal could not be filed in time---However, this ground was not legally sufficient to justify the inordinate delay in filing the appeal---First Information Report was lodged on behalf of Sui Southern Gas Company (SSGC), acorporate entity, and not by the complainant in his personal capacity---Termination or reinstatement of the complainant had no bearing on the ability of Sui Southern Gas Company (SSGC), as a company, to pursue the case within the prescribed time limit---Complainant was merely an individual officer of Sui Southern Gas Company (SSGC), whereas the case was initiated in the corporate capacity of the company---Hence, the complainant's termination did not constitute valid justification for condoning such a significant delay---Condonation of delay was not a matter of right but an exception that could only be granted if the delay was satisfactorily explained---Mere negligence, inaction, or personal inconvenience of acomplainant was not a valid excuse to condone the delay---Since the appellant had failed to show sufficient cause, the application for condonation of delay was liable to be dismissed---Appeal against acquittal being time barred was dismissed, in circumstances.

Syed Asad Abbas Naqvi vs Fahad Hussain Ss — 2026 PCrLJ 889 KARACHI-HIGH-COURT-SINDH

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