HIGH COURT OF SINDH AT KARACHI

Criminal Appeal No.106 of 2014

Present: Mr. Justice Naimatullah Phulpoto

Mr. Justice Rasheed Ahmed Soomro

Appellant: Imran alias Rajab Landhi

Respondent: The State through Mr. Muhammad Iqbal Awan, Deputy Prosecutor General Sindh.

Date of Hearing : 31.08.2017

Date of Judgment : 31.08.2017

JUDGMENT

NAIMATULLAH PHULPOTO, J.- Appellant Imran alias Rajab was tried by learned Judge Anti-Terrorism Court-VIII, Karachi in Special Case No.114/2013. By judgment dated 28.10.2014, appellant was convicted under section 4/5 of the Explosives Substance Act, 1908 and sentenced to 3 years R.I. Benefit of section 382-B, Cr.PC was also extended to appellant.

2. Appellant preferred this appeal against his conviction and sentence, it was admitted to regular hearing vide orders dated 25.05.2015. During pendency of appeal, jail roll was called for. Senior Superintendent, Central Prison, Karachi vide his letter dated 29.05.2017 has mentioned that appellant Imran alias Rajab Landhi confined in Special Case No.114/2013, F.I.R. No.291/2013, registered at P.S. Baghdadi, Karachi under sections 4/5 Explosive Substances Act, 1908 has been released in the above case upon expiry of sentence on remission system but he is confined in other two Crimes bearing Nos.285/2013, under sections 353, 324, 186, 34, PPC and 289 of 2013 under section 23(1)(a) of the Sindh Arms Act, 2013, registered at P.S. Baghdadi, which are pending against him. Order sheets reflect that this Court vide order dated 09.08.2017 ordered for issuance of intimation notice to the counsel for the appellant as well as to appellant Imran alias Rajab Landhi through Superintendent, Central Prison, Karachi to ensure the presence of his counsel else it was made clear that appropriate orders shall be passed. In-spite of that neither the advocate for the appellant turned up nor accused submitted application through Superintendent, Central Prison, Karachi for contesting the appeal on merits. We cannot adjourn the appeal for an indefinite period. The appellant has already been released in Crime No.291/2013 under section 4/5 Explosives Substance Act, 1908 on 01.06.2016 on expiry of his sentence on remission system. Since none appeared for the appellant despite issuance of notice to the appellant, no request has been made by him to contest the appeal. We have perused the evidence available on the record with the assistance of learned D.P.G. We hold that trial court on the basis of huge evidence, recorded conviction and sentence, same is maintained. As the appellant has been released in the aforesaid crime on expiry of sentence on remission system, the appeal is dismissed having become infructuous. Appellant shall be released in Crime No.291/2013 under section 4/5 of the Explosives Substance Act, 1908 of P.S. Baghdadi but he shall not be released in F.I.Rs. Nos.285/2013, under sections 353, 324, 186, 34, PPC and 289 of 2013 under section 23(1)(a) of the Sindh Arms Act, 2013, registered at P.S. Baghdadi, till some orders are passed in these two FIRs/cases by competent court of law.

J U D G E

Gulsher/PS