IN THE HIGH COURT OF SINDH, KARACHI

Criminal Revision Application No. 84 of 2017

Iqrar Wali……..………………..…………………..……………….….Applicant

Versus

The State…………..…………………………..…………………....Respondent

Date of Hearing & Order :- 15.12.2017

Applicant in custody

Mr. Zahoor Shah, DPG for the State

O R D E R

FAHIM AHMED SIDDIQUI, J: Instant criminal revision application is directed against the impugned judgment dated 27.02.2017 passed by learned Additional Sessions Judge-XI, Karachi West, whereby Criminal Appeal No.06 of 2017 filed by the applicant was dismissed.

2. The case against the applicant is that he alongwith co-accused looted mobile phones of complainant and other passengers of Mashallah Coach and while escaping from the spot the passengers with the help of police succeeded to apprehended present applicant while his companion fled away.

3. As per jail roll of the applicant received today, the applicant has already undergone RI for about 02 years and 04 months out of total RI for 03 years, as such, there remains only RI for 06 months.

4. Learned DPG submits that although the sentence awarded to the applicant by learned trial Court is correct, however, he concedes that the sentence which the applicant has already served out, is sufficient for his guilt.

5. I have also gone through the available record. In the instant case, the applicant has been convicted and awarded sentence of RI for 03 years as well as fine of Rs.5,000/-, and in default whereof he has to serve SI for 02 month more. As per report of Jail Superintendent, the applicant has served 02 years and 04 months. It appears that the witnesses are firm and there was no major contradiction in their instance taken before learned trial court. However, I consider that quantum of sentence is excessive. Therefore, while dismissing the instant revision application, I reduce the sentence as already undergone including the sentence in lieu of fine. The applicant is in jail. The Superintndent Prison concerned is directed to release the applicant abovenmed forthwith if he is not required in any other custody case.

J U D G E