ORDER SHEET
THE HIGH COURT OF SINDH AT KARACHI
Cr. Jail Appeal No.65 of 2016
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Date Order with Signature(s) of Judge(s)
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Present:
Abdul Maalik Gaddi, J.
1. For orders on M.A. No.12521/2016.
2. For hearing of main case.
3. For hearing of M.A. No.8775/2016.
Mr. Hakim Ali Sheikh, Advocate for Appellant namely Mehrab
Mr. Muntazir Mehdi, APG
Date of hearing : 29.12.2016
Date of Order : 29.12.2016
ORDER
1. Urgent application is granted, therefore, by consent, matter is taken up today.
2&3. This appeal has been preferred by the appellant Mehrab alias Lambo son of Gaman Khan. He has been convicted by Mr. Zahid Hussain Maitlo, learned IIIrd Additional District and Sessions Judge, Karachi (West) in Sessions Case No.1273 of 2014 in case Crime No.398/2013, under Section 23(i)-A of Sindh Arms Act, 2013 registered at P.S. Mangopir, Karachi by his judgment dated 21.12.2015, whereby the appellant was convicted and sentenced to suffer R.I. for two years and fine of Rs.5000/- and in case of default in payment of fine, he shall suffer one month more R.I. However, the benefit of Section 382-B of Cr.P.C. was also extended to him.
The facts of the case need not to be reiterated as the same have been stated in the memo of appeal as well as in the impugned judgment.
It is submitted by the learned counsel for the appellant that on merit though the appellant has a good case for acquittal, but according to him, the appellant is facing the agony of protracted trial since 2013, therefore, according to him, he would be satisfied and shall not press this appeal on merits, if the sentences awarded to the appellant by the learned trial court is reduced to the period which the appellant has remained in jail. The appellant is in jail since his arrest i.e. 29.12.2013. Learned counsel draws the attention of this court towards the jail roll available on record showing that the appellant served the sentence including remission in jail for about three years and six months. Per learned counsel, the appellant has already been served out the sentences awarded to him by the learned trial court, but could not release as he is in jail in connected case under Crime No.396 of 2013 of P.S. Mangopir, Karachi under Section 353/324/395 PPC.
Learned Assistant Prosecutor General, Sindh has also raised no objection on the above proposition.
I have perused the impugned judgment, so also the record. The trial court has recorded the conviction relying upon the evidence of complainant Fareed Ahmed, ASI Sarfaraz Awan and SIP Mohammad Bux Dahri. Their evidence appears to not shatter during cross examination in any manner, nor any material helpful to the appellant has been brought on record. Under the circumstances, the impugned judgment does not suffer from any infirmity, nor the same is based upon misreading or non-reading of the evidence, hence, the impugned judgment does not call for any interference by this Court.
Record shows that the appellant has remained in jail for about three years and six months, and he has already been served out his conviction and sentence period awarded by the learned trial court. The appellant is first offender. No past criminal history against him is placed on record. The offence pertains to year 2013 and the appellant apart from having face the agony of trial, is also pursuing the proceedings of the instant appeal since filing by him. Consequently, the conviction is maintained. However, the fine awarded to the appellant by the trial court of Rs.5000/- is reduced to Rs.2000/-.
With the above modification in the sentence, the appeal is dismissed. The appellant is in jail, he shall be released forthwith after payment of fine, if he is not required in any other case as the appellant has already been served out the sentences in this case awarded by the trial court.
JUDGE
Faizan/PA*