Pemohon bergantung kepada keputusan Mahkamah Persekutuan di dalam JUMARI BIN MOHAMED v. PUBLIC PROSECUTOR [1981] CLJU 163 yang memutuskan bahawa permohonan di bawah Seskyen 310 Kanun Tatacara Jenayah adalah tidak terhad kepada Notis Rayuan sahaja namun terpakai juga bagi permohonan perlanjutan masa melibatkan prosiding rayuan termasuklah perlanjutan masa bagi Petisyen Rayuan difailkan. Mahkamah Persekutuan memutuskan- “This is an application by Notice of Motion under section 310 of the Criminal Procedure Code for extension of time to file Petition of Appeal out of time. The application, which is opposed by the Public Prosecutor, first came up for argument on November 17, 1980. It was then adjourned to a date to be fixed by Senior Assistant Registrar, to enable the applicant's solicitor, Mr. Karpal Singh, to file a further affidavit in support of the application. When the case came up for final disposal on March 22, 1981, the application was dismissed. The applicant has now appealed against the said decision. Section 310 of the Criminal Procedure Code provides: "A judge may, on the application of any person desirous of appealing who may be debarred from so doing upon the ground of his not having observed some formality or some requirement of this Code, permit an appeal upon such terms and with such directions to the Magistrate and to the parties as such judge shall consider desirable, in order that substantial justice may be done in the matter." The powers, principles and procedure governing the grant of an extension of time to lodge a Petition of Appeal and the permitting of amendments to a Petition of Appeal, came up for determination by the Court of Appeal (the forerunner of the Federal Court) in Veerasingam v Public Prosecutor [1958] MLJ 76. At page 79, Thomson C.J. has this to say: "The only fetter which section 310 places upon the exercise of the discretion which it gives to the judge is that it shall be exercised 'in order that substantial justice may be done'. Clearly, to exercise his discretion properly the judge must apply his mind to all the relevant material. He must consider the circumstances of the original trial. He must consider the original Petition of Appeal. And he must consider the circumstances which are now urged upon him to induce him to allow any departure from or addition to the original Petition of Appeal. He must consider his own powers as to such matters as the granting of adjournment and the requiring of Notice to be given. And then he must exercise his discretion as he sees fit in order that substantial justice may be done in the matter. It may be that he may find it helpful to look at what has been done in some other case by some other judge but if he does, he must be careful to look at what that other judge has done merely as an illustration and not as laying down any judicial precedent?." Pausing here for a moment, it is interesting to note that although Veerasingam case has overruled the two prerequisites for the exercise of the court's discretion under section 310 laid down by Bellamy J. in A Dickinson v Public Prosecutor [1955] MLJ 191, it would appear from the judgment of Thomson C.J. at page 79, left column paras. G to I, that had the two conditions, viz. that, firstly, circumstances exist which justify an extension of time and, secondly, that the applicant has a reasonable prospect of success on the appeal, been stated in the alternative and not cumulatively, the Court of Appeal might have been prepared to accept Bellamy J.'s ruling "as a tolerably accurate piece of inductive reasoning based upon a number of cases in which the English Court of Criminal Appeal has granted or refused similar indulgence to appellants". I note, however, that the facts in both Dickinson case and Veerasingam case involved an application by the appellant to amend the Petition of Appeal out of time by adding further grounds of appeal. Be that as it may, I think the decision in Veerasingam case applies not only to an application for extension of time for amending Petition of Appeal but also to an application for extension of time for filing Petition of Appeal under section 307(iv) of the Criminal Procedure Code. Having regard to the provision of subsection (iv) read with subsection (ix) of section 307, there appears to be no reason why a distinction in principle should be made between them when considering an application for extension of time under section 310. The learned Deputy Public Prosecutor has referred to the case of Wong Swee Chin v Public Prosecutor [1977] 2 MLJ 194 FC where the Federal Court took the view that for an application for extension of time to succeed, there had to be strong grounds or substantial reasons. But, in that case, the court was dealing with an application for extension of time to file Notice of Appeal. We are here dealing with a Petition of Appeal, and under subsection (ix) of section 307 of the Criminal Procedure Code, there is a proviso which states that, " nothing herein contained shall be deemed to limit or restrict the powers conferred upon a judge by section 310". It is significant that such proviso is absent in subsection (i) of section 307 which deals with Notice of Appeal. Be that as it may, it is clear law that the discretion conferred on a judge by section 310 applies to all applications for extension of time pertaining to criminal appeals to the High Court and they include an application to file Notice of Appeal out of time. But where the application is for extension of time to file Petition of Appeal or to amend such Petition by adding further grounds of appeal, then the principle enunciated in Veerasingam v. Public Prosecutor (ante) should apply.” (penekanan diberikan)