ORDER SHEET

THE HIGH COURT OF SINDH AT KARACHI

Cr. Jail Appeal No.64 of 2016

Cr. Appeal No.36 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 MA No.12520/2016.

2. For hearing of main case.

3. For hearing of M.A. No.8773/2016.

Mr. Hakim Ali Sheikh, Advocate for Appellant namely Mehrab in Cr. Jail Appeal No.64/2016

Mr. Shaukat Iqbal, Advocate for Accused namely Sanwal Khan in Criminal Appeal No.36/2016

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.  Through these appeals, the appellants namely (1) Mehrab alias Lambo son of Gaman Khan and (2) Sanwal Khan son of Ghulam Rasool have assailed the legality and propriety of the common judgment dated 21.12.2015, passed by the learned IIIrd Additional District and Sessions Judge, Karachi (West) in Sessions Case No.1282 of 2014 arising out of FIR No.396/2013, under Section 353/324/395 PPC registered at P.S. Mangopir, District West, whereby the appellants after full dressed trial, were convicted under Section 395 PPC and sentenced to them to suffer R.I. for five years each and to pay fine of Rs.5000/- each and in default thereof, to suffer R.I. for one month more. They were also extended benefit under Section 382-B Cr.P.C.

          The facts of the case need not to be reiterated as the same have been stated in the memo of appeals as well as in the impugned judgments.

          It is submitted by the learned counsel for the appellants that on merit though the appellants have a good case for acquittal, but according to them, the appellants are facing the agony of protracted trial since 2013, therefore, according to them, they would be satisfied and shall not press these appeals on merits, if the sentences awarded to the appellants by the learned trial court is reduced to the period which the appellants have remained in jail. The appellants are in jail since their arrest i.e. 29.12.2013. Learned counsel draw the attention of this court towards the jail roll available on record showing that the appellants served the sentence including remission in jail for about three years and six months. Per learned counsel, major period of their sentence have been served out by the appellants in jail.

          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 appellants have 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 appellants have remained in jail for about three years and six months, which is sufficient punishment. Moreover, major portion of sentence have already been served out by the appellants. The appellants are first offenders. No past criminal history against them is placed on record. The offence pertains to year 2013 and the appellants apart from having face the agony of trial, are also pursing the proceedings of the instant appeal since filing by them. Consequently, the conviction is maintained, however, the sentences awarded to the appellants by the trial court is reduced to one which the appellants have already been undergone and the fine of Rs.5000/- each is also reduced to Rs.2000/- each.

          With the above modification in the sentences, the appeals are dismissed. The appellants are in jail, they shall be released forthwith after payment of fine, if they are not required in any other case.

JUDGE

Faizan/PA*