IN THE HIGH COURT OF SINDH, BENCH AT
SUKKUR.
Before:
Mr. JusticeZulfiqar
Ali Sangi
Cr:Jail Appeal No. S-281 of 2019
1. SanaullahS/O
Khan Muhammad Pathan
2. Moosa Jan S/O
Yar Muhammad Pathan
3. Ishaque S/O
Yar Muhammad Pathan :Mr.
Jai Kumar Lund
Appellants through Advocate.
The State, respondent :Mr. Imran Mubeen Khan, Assistant Prosecutor General.
Date
of Hearing : 13-01-2020
Date
of Judgment : 17-01-2020
J U D G M E N T
ZULFIQAR ALI SANGI---J., This judgment will dispose of Criminal
Appeal No. S- 281 of 2019, arising out of Judgment dated: 04.11.2019. The
appellants wereconvicted by the learned IIIrd Additional Sessions Judge,
MirpurMathelo in Sessions Case No. 01of 2019, Crime No. 04of 2019registered at
PS Khambra District, Ghotki under Sections 14 of Foreigner Act; whereby
appellantswere sentenced to undergo for 06 months R.I each and a fine of Rs:
5000/= each. In case, in default, in payment thereof, the appellants shall
suffer five days SI each more, appellants were also extended the benefit of
section 382-B Cr.P.C.
2. Brief facts
leading to the prosecution case as per Judgment of the trial court are that on 20-1-2019,
at about 1530 hours, ASI Hazar Khan Bhutto Lodged the FIR on behalf of the
state on the charge of Foreigners Act as the appellantswere Afghani Pathans and
resident of Afghanistan and they have stayed in Pakistan illegally. Appellants
were arrested along with other accused and were brought at Police station where
the case was registered against them. After completing the investigation
challan was submitted before the court having jurisdiction.
3. The record shows that police papers were
supplied to the accused and Charge was framed against the above named accused
to which theypleaded not guilty and claimed to be tried.
6. At the outset,
learned counsel for the appellants in the face of overwhelming evidence against
them and under the instructions of his client/appellants has not pressed the
instant appeal on merit but has requested for a reduction in sentence on the
ground that the appellants are the only male members of a large family of which
they are the main breadwinner, and are not a previous convicts and are capable
of reformation.
7. Learned, Assistant
Prosecutor General appearing for the State has no objection to a reduction in
sentence to some reasonable extent taking into account the above mitigating
circumstances.
8. I have heard the arguments of learned
counsel for the parties and have perused the material available on record.
9. The record reflects that all the
prosecution witnesses supported the case of the prosecution, arrest of
appellants at spot and recovery of one Domicile of Afghanistan from the
appellant Moosa Jan.The record further revealed that co-accused namely,
Muhammad Ibraheem, Sakhi Jan, Naeem @ Saleh Muhammad who were arrested along
with appellants had pleaded their guilt and convicted by the trial court on
27-07-2019.Because of the above, I am satisfied that the prosecution has proved
its case against the appellants beyond a reasonable doubt.
10. The Jail
Roll dated 13.01.2020 reflects that the appellants have served the sentence for
Three (03) months and eight (08) days up to 13.01.2020, without remissions and
the sentence of appellant is still to be served is two months and twenty-seven
days, therefore, in my humble view it would serve both the purposes of
deterrence and reformation, if the sentence, awarded to appellants, is reduced
to one already undergone by them. Accordingly, the sentence of the appellants
is altered/reduced toa periodwhich they have already undergone, which includes
the period they were to undergo in place of the fine.
11. The appellants
are in jail they shall be released forth with if they not required in any other
custody case.
12. The instant appeal is disposed of in the
above terms.
JUDGE
JUDGE