THE HIGH COURT OF SINDH AT KARACHI

Criminal Revision Application No.222 of 2018

Present:      Mr. Justice Abdul Maalik Gaddi

Applicant              :         Basit Ibad son of Ibad Ullah Khan,

through Mr. Muhammad Asif, Advocate.

Respondent          :         The State through Mr. Zahoor Shah,

Deputy Prosecutor General, Sindh

Date of hearing     :         19.04.2019

Date of Decision   :         19.04.2019

JUDGMENT

1.       Learned Counsel for the applicant seeks urgency on the ground that applicant is behind the bars for about six months, hence, requests that he may be heard. Learned Deputy Prosecutor General, Sindh present in Court in other cases, raised no objection. Under the circumstances, urgent application is allowed and the instant revision application is taken up today for hearing. 

2.       By means of this revision application, the applicant has assailed the legality and propriety of the judgment dated 06.11.2018 passed by the learned Xth Judicial Magistrate, Karachi (Central) in SCMO No.410 of 2016, emanating from Crime No.58 of 2016 registered at police station Azizabad, Karachi, under Sections 489-F, PPC, whereby the learned trial Court after full dressed trial, convicted the applicant under Section 245(2), Cr.P.C. for offence punishable under Section 489-F, PPC, and sentenced him to suffer S.I. for two (2) years with fine of Rs.30,000/- and in case of default in payment of fine, it was further ordered that applicant shall further undergo to S.I. for one month more. However, benefit of Section 382-B, Cr.P.C. was also extended to the him. Record further shows that being and dissatisfied with aforesaid judgment dated 06.11.2018, applicant had preferred a Criminal Appeal bearing No.20 of 2018 before the appellate Court i.e. learned IInd Additional District and Sessions Judge, Karachi (Central), but the same was also dismissed by the appellate Court vide judgment dated 15.11.2018. Hence, instant revision application.

3.       The brief facts of the prosecution are that on 07.03.2016, the complainant got lodged FIR at police station Azizabad, Karachi, alleging therein that complainant in the year 2014 gave an amount of Rs.2300,000/- to the accused Basit Ibad on the basis of profit, but accused Basit Ibad has not paid any profit to him. On demand of complainant, accused Basit Ibad issued (1) cheque bearing No.7662896 dated 01.01.2016 of his account No.5000625079 of Rs.360,000/- of Bank Al Falah, Yaseenabad Branch, (2) cheque No.7662884 dated 27.07.2016 of Rs.250,000/-, and (3) cheque No.7662894 dated 01.08.2015 of Rs.200,000/- to him, which were deposited by the complainant in the account of his cousin namely Muhammad Mansoor Khan at Summit Bank Karimabad Branch, but the same were returned as dishonored on 13.01.2016.

4.       Today this revision application is fixed for final arguments.                    Mr. Muhammad Asif, learned counsel for the applicant during the course of arguments submits that on merits, though the applicant has a good case for his acquittal and has been involved by the complainant with malafide. He further submits that applicant is in young age and was remained behind the bars for a sufficient time; that the applicant belongs to very poor family and only source for earnings of his family; that the applicant has already faced the agony of protracted trial since 2016, therefore, according to him, he would be satisfied and shall not press the instant revision application on merits, if this Court may consider the period of his detentions already undergone and reduce the sentence alongwith fine to that extent.

5.       Mr. Zahoor Shah, learned Deputy Prosecutor General, Sindh, appearing for the State has candidly conceded the proposal on the ground that the applicant was remained in jail for a sufficient time and he has no past criminal history.

6.       I have heard the learned counsel for the parties and have gone through the documents, evidence as well as impugned judgment.

7.       In view of the record, I am of the opinion that the conviction of the applicant is based on cogent reasons. The applicant is first offender. No past criminal history against him is placed on record. He by appearance is of young age, so also he was remained in jail for a sufficient time. It is also stated by the counsel for the applicant that the applicant belong to very poor family and he is only source for earnings of his family; therefore, in the present scenario of the case, he has sufficiently been punished and he has faced the agony of protracted trial since 2016. In these circumstances, he needs to be given a chance in his life to rehabilitate himself.

8.       Consequently, the convictions are maintained, however, the sentences awarded to the applicant by the trial Court through impugned judgment are reduced to one which he has already undergone and fine against him is reduced from Rs.30,000/- to Rs.15,000/-.

9.       With the above modification in the sentences, this revision application is dismissed. The applicant is in jail, therefore, the jail authorities are directed to release the applicant forthwith, if he is not required in any other criminal case. Since the instant revision application is dismissed, therefore, the miscellaneous application No.11193 of 2018 has become infructuous and accordingly, the same is also dismissed.

JUDGE

Faizan A. Rathore/PA*