IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Criminal Revision Application No.S-73 of 2019.

Applicants: 1. Abdullah Khan alias Phullo Khan son of Thangai bycaste Mazari.

2. Sultan Ahmed son of Fateh Muhammad Kundri.

3. Bashir Ahmed son of Mitha Khan Bhayo.

Through Mr. Shabbir Ali Bozdar advocate.

The State: Through Mr. Zulfiquar Ali Jatoi, Additional Prosecutor General.

Date of hearing : 31-01-2022.

Date of decision : 31-01-2022.

JUDGMENT

AMJAD ALI SAHITO, J.- Through the instant Crl. Revision Application, the applicants have assailed the judgment dated 13-06-2019 passed by learned Civil Judge & Judicial Magistrate Daharki in Crl. Case No. 05 of 2018 “Re. The State Vs. Abdullah @ Phullo & others”, offence u/s 448, 452 PPC, Crime No. 78/2017 registered at police station Khambra, whereby the applicants were convicted and sentenced for offence u/s 448 PPC to suffer for one year and for offence u/s 452 PPC to suffer for three years and to pay of fine Rs.10,000/- each, in default whereof, they shall serve three months more with benefit of section 382-B Cr.P.C and all the sentences shall run concurrently. The applicants assailed the said judgment by filing appeal, but the same was also dismissed by learned 3^rd Additional Sessions Judge Mirpur Mathelo vide judgment dated 27-07-2019, hence this revision application filed by the applicants to set aside the same and acquit them from the charge

2. At the very outset, learned counsel for the applicants submits that though the applicants have been involved in the instant case falsely, but since the applicants have remained behind the bars for sufficient time and still is being dragged since 2017, as such he would not press the instant criminal revision application, if a lenient view is taken against the applicant by dismissing the instant criminal revision application and treating the sentence to one as already undergone.

3. On the other hand, learned Additional Prosecutor General vehemently opposed such proposal of learned counsel for the applicants on the ground that applicants are nominated in the FIR; that appellants have assailed the judgment before the learned appellate Court, but the same was dismissed and the judgment passed by learned trial Court was maintained.

4. I have considered the above arguments and perused the record.

5. It reveals that the instant criminal revision application is pending before this Court since 2019 and matter pertains to year 2017; that applicants have remained in jail and learnt the lesson as they have remain in jail for sufficient period of sentence and are being dragged since 2017. In view of the above facts and circumstances of the case and in order to give a chance to the applicants to rehabilitate themselves in their life while maintaining their conviction, the sentence inflicted on them is reduced to that of already undergone including sentence of fine amount and thereby application stands dismissed with above modification of sentence. The applicants are on bail, their bail bond stand cancelled and surety discharged. Office is directed to return the surety papers to the surety after proper verification and identification.

6. The instant Criminal Revision Application is dismissed with above modification.

Judge

Nasim/P.A