ORDER SHEET

 IN THE HIGH COURT OF SINDH AT KARACHI

                Cr. Jail Appeal No. 213 of 2014                 _____________________________________________________

Date                      Order With Signature Of Judge

__________________________________________________________

For hg of main case

28.03.2017.

         Appellant is produced by the Jail Authorities.

         Mr. Abdullah Rajput, A.P.G.

ZAFAR AHMED RAJPUT, J      Through this Criminal Jail Appeal, appellant Sikandar son of Nizamuddin has impugned the judgment dated 15.03.2014, passed by the learned Ist. Additional Sessions Judge, Karachi-Central in Sessions Case No. 81/2014, arising out of F.I.R. No. 04/2014, registered under section 23(1)(a) of the Sindh Arms Act, 2013, registered at P.S. Khawaja Ajmer Nagri, Karachi, whereby the appellant has been convicted under section 23(1)(a) of the Sindh Arms Act, 2013 and sentenced for ten (10) years R.I. and to pay fine of Rs.30,000/-. In case of default in payment of fine, he has been ordered to suffer S.I. for four months.

         The appellant states that he is the first offender and has repented on his act and he is the sole earning member of his family. He further states that he is in jail since date of his arrest and has earned remission, thus he will be satisfied and would not press this appeal if his sentence is reduced to already undergone.

         Learned A.P.G. submits that as per the prison roll of appellant, the appellant has already served sentence, excluding remission three years, two months and twenty two days and with remission four years and five months. He also submits that the appellant is not previously convicted of any offence as per record but he has been awarded maximum sentence under section 23(1)(a) of the Sindh Arms Act, 2013. Hence, he records his no objection if the sentence awarded to appellant is reduced to sentence, he has already undergone.

         Since the appellant does not intend to contest this appeal on merit, the same is hereby dismissed but considering the fact that the appellant is the first offender and he is the sole earning member of his family and looking into the principle laid down by the Hon’ble Supreme Court of Pakistan in the cases of Gul Naseeb v. The State (2008 SCMR 670) and Niaz-ud-Din v. The State (2007 SCMR 206), the sentence awarded to appellant is reduced to sentence he has already undergone, including the period of default in payment of fine. He may be released forthwith if his custody is no more required by the jail authorities in any other case.

                                                                     JUDGE