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IN THE HIGH COURT OF SINDH, |
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CIRCUIT COURT, HYDERABAD |
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Cr. Appeal No.D-79 of 2015. |
DATE ORDER WITH SIGNATURE OF JUDGE
Present
Mr. Justice Muhammad Ali Mazhar
Mr. Justice Anwar Hussain
For hearing of MA 9998/15.
16.06.2016.
Mr. Mansoor Ahmed Laghari, Advocate for the applicant.
Mr. Shahzado Saleem Nahiyoon, A.P.G
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Muhammad Ali Mazhar--J. The appellant was convicted by the Special Judge (CNSA) Tando Muhammad Khan in Special Case No.12 of 2014 to suffer R.I for one year and three months and fine of Rs.9,000/= or in default S.I for three months and fifteen days more. Benefit of Section 382-B Cr.P.C was extended to the accused.
2. The brief facts of the case are that on 22.5.2014, at Mubbarak Wah Mori, Nizamani Link Road, deh Khas, Taluka Tando Ghulam Hyder the accused was found in possession of 300 grams of Charas by the officials of P.S Tando Ghulam Hyder, as a result of which FIR No.23 of 2014 was lodged.
3. The learned counsel for the appellant argued that the accused is not a previously convicted person and despite some lacunas in the judgment the appellant will not pursue the appeal if the appellant is released on the sentence already undergone. The learned A.P.G has produced a copy of Jail Roll dated 11.6.2016 which shows that the appellant has already served a substantive portion of his sentence of 10 months and 21 days, and after including the remissions, his unexpired portion of the sentence is only 5 months and 09 days. The learned A.P.G on the proposal of the appellant agrees and he has no objection if the appeal is disposed of and the appellant is ordered to be released on the undergone sentence. The appellant is not a previously convicted person and in order to provide him a chance of rehabilitation he may be released on sentence already undergone during the holy month of Ramadan, so that he may share the joys of Eid festival with his family members.
4. In view of the above position, this appeal is dismissed and conviction is maintained however the sentence of the appellant is reduced to the period which he has already undergone. He may be released forthwith from jail if not required in any other case.
JUDGE
JUDGE
Ahmed/Pa