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