IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Jail Appeal No. 99 of 2022

Appellant: Muhammad Aleem Baloch through Mr.Qaim Ali Memon advocate

The State: Through Mr. Khadim Hussain, Additional Prosecutor General Sindh

Date of hearing: 01.11.2022

Date of judgment: 01.11.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that from the appellant on arrest was secured unlicensed pistol of 30 bore with magazine containing 02 bullets of same bore by police party of P.S Shahrah-e-Faisal led by ASI Khalid Hussain, which he allegedly used while committing robbery, for that he was booked and reported upon. On conclusion of trial, he was convicted under Section 23(1)(a) of Sindh Arms Act, 2013 and sentenced to undergo rigorous imprisonment for 05 years with fine of Rs.20,000/- and in default whereof to undergo simple imprisonment for 06 month with benefit of section 382(b) Cr.P.C by learned Assistant Sessions Judge-XII, Karachi East vide judgment dated 01.12.2021, which is impugned by the appellant before this Court by preferring the instant jail appeal.

2. At the very outset, it is stated by the learned counsel for the appellant that he would not press disposal of the instant appeal on merits, provided the sentence awarded to the appellant is reduced to one which he has already undergone, which is not opposed by learned Addl. PG for the State.

3. Admittedly, the appellant is a young man of 23 years of age and said to be sole bread earner of his family and there is likelihood of his reformation, therefore, by taking all these factors into consideration, the sentence awarded to the appellant for the said offence is reduced to rigorous imprisonment for 02 years with fine of Rs.5,000/- and in default whereof to undergo simple imprisonment for 15 days with benefit of section 382(b) Cr.P.C.

4. Subject to above modification, the instant jail appeal fails and is disposed of accordingly.

JUDGE