IN THE HIGH COURT OF SINDH, AT KARACHI
Criminal Appeal No. 152 of 2022
Criminal Appeal No. 176 of 2022
Criminal Jail Appeal No. 178 of 2022
Appellants: Ali
Shan, Farhan Khan and Khalid Mehmood through M/s Farhad Khan, Jan Muhammad
Naich, Muhammad Hanif Noonari 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 robbed complainant Muhammad Kamran of Rupees Two Crores, for
that they were booked and reported upon by the police. On conclusion of trial, they
and co-accused Mehtab were convicted under section 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 simple imprisonment for 01 year with benefit of
section 382(b) Cr.P.C by learned X-Additional Sessions Judge, Karachi South vide
judgment dated 18.02.2022, which is impugned by the appellants before this
Court by preferring their separate appeals.
2. At the very outset, it is stated on
behalf of appellants Ali Shan, Farhan and Khalid Mehmood by their learned
counsel that they would not press the disposal of their appeals on merits, provided
sentence awarded to them is 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 names and descriptions of the
appellants are not appearing in the FIR though it is lodged with unexplained delay
of about 02 days; they have been involved in this case on the basis of recovery
of robbed money to the extent of Rs.10 lacs from each one and their identification
parade, which was held on 3rd day of their arrest; they are said to
be young men and 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
by learned trial Court 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 with benefit of section 382(b) Cr.P.C.
6. Subject to above modification, the
instant appeals are disposed of accordingly.
JUDGE