IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No.458 of 2021

Criminal Appeal No.514 of 2021

Criminal Jail Appeal No.589 of 2021

 

  

                                                       

Appellants:                   Naseebullah, Noor Amin @ Karigar, Muhammad Jehangir and Hamayun Khan through M/s Habib-ur-Rehman Jiskani and Munir Ahmed advocates

 

The State:                      Through Mr. Faheem Hussain Panhwar, Deputy Prosecutor General Sindh

 

Date of hearing:           15.11.2022

 

Date of judgment:        15.11.2022

 

 

J U D G M E N T

 

IRSHAD ALI SHAH, J- It is alleged that the appellants with rest of the culprits after keeping complainant Muhammad Zeeshan under wrongful restraint, robbed him of his Parado Jeep, cell phone and wallet containing Rs.4000/-, for that they were booked and reported upon. On conclusion of trial, they were convicted u/s 395 PPC and were sentenced to undergo rigorous imprisonment for 08 years and to pay fine of Rs.100,000/- each and in default whereof to undergo simple imprisonment for 01 year; they were further convicted under Section 342 PPC r/w section 34 PPC and sentenced to undergo rigorous imprisonment for 01 year and to pay fine of Rs.3000/- each and in default whereof to undergo simple imprisonment for 01 month; all the sentences were ordered to run concurrently with benefit of section 382(b) Cr.P.C by learned X-Additional Sessions Judge, Karachi South vide judgment dated 09.08.2021, which is impugned by the appellants before this Court by preferring their separate appeals.

2.       At the very outset, it is stated by learned counsel for the appellants that they would not press the disposal of instant appeals on merits, provided sentences awarded to the appellants are reduced to one which they have already undergone, which is not opposed by learned D.P.G for the State.

4.       Heard arguments and perused the record.

5.       The FIR of the incident has been lodged against unknown culprits; the appellants have been involved in commission of incident on the basis of recovery of robbed Parado Jeep and their identification parade, which was conducted on 4th day of their arrest; all of them are appearing to be young persons and said to be sole bread earners of their families and there is likelihood of their reformation. By considering all these factors as mitigating circumstances, the rigorous imprisonment of 08 years awarded to the appellants for offence punishable under Section 395 PPC is reduced to rigorous imprisonment for 04 years with fine of Rs.100,000/- and in default whereof they would undergo simple imprisonment for 01 month each. The punishment awarded to the appellants for offence punishable under Section 342 PPC r/w section 34 PPC would remain same. Needless, to say all the sentences awarded to the appellants would run concurrently with benefit of section 382(b) Cr.P.C

6.       Subject to above modification, the instant appeals are disposed of accordingly.

                   JUDGE