پہلی اپیل بوجہ عدم پیروی خارج ھوئی۔دوسری بہت عرصہ بعد دائر کی موقف لیا گیا کہ جیل میں تھا۔ یکارڈ کے مطابق ضمانت ھونے کے بعد مفرور ھو گیا تھا پھر گرفتار ھوا۔

 2nd appeal time barred

1st appel was dismissed for non prosecution.

عدالتAppeal 2nd کو درخواست بحالی اپیل اولینہ میں تبدیل کر دیا

2022 YLR 1252

Dismissal of appeal for non - appearance of accused --- Restoration of appeal --- Scope --- Appeal of the accused was dismissed due to his non - appearance --- Accused , after being arrested , filed another appeal --- Second appeal was not competent ; firstly , because the order passed by the Court though not a judgment on merits but still occupied the field ; secondly , Court I could not hear appeal against its own order / judgment ; thirdly , appeal was hopelessly barred by time --- Since the accused , after obtaining bail had remained fugitive of law , had not surrendered rather was got arrested and produced before the Court , so the delay which was willful , intentional and inordinate could not be ignored nor was condonable --- Counsel of the accused requested the Court to treat the second appeal as an application under S. 561 - A , Cr.P.C. for condonation of delay --- Application was accepted , order for dismissal of first appeal for non - appearance was recalled and the same was resurrected .