IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Jail Appeal No. 11 of 2022

Appellants: Hanif Baloch and Jahanzeb Ali through Mr.Musharraf Azhar advocate

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

Date of hearing: 24.11.2022

Date of Judgment: 24.11.2022

J U D G M E N T

IRSHAD ALI SHAH, J.- It is alleged that the appellants with rest of the culprit robbed complainant Abdul Qadeer and P.W Abdul Qadir of their cell phones and cash, for that the present case was registered. On conclusion of trial, they were convicted under section 392 PPC and sentenced to undergo rigorous imprisonment for 04 years and to pay fine of Rs.20,000/- each and in default whereof to undergo simple imprisonment for 06 months; they were further convicted under Section 397 PPC and sentenced to undergo rigorous imprisonment for 07 years with fine of Rs.20,000/- each and in default whereof to undergo simple imprisonment for 06 months; both the sentences were ordered to run concurrently with benefit of Section 382(b) Cr.P.C by learned Xth-Additional Sessions Judge Karachi West, vide judgment dated 13.12.2021, which is impugned by the appellants before this Court by preferring the instant jail appeal.

2. At the very outset, it is stated by learned counsel for the appellants that though the appellants have been convicted twice to the same offence and that they have already undergone the substantial sentence and are in jail for want of payment of fine and under instructions, he would not press the disposal of instant jail appeal on merits provided the sentence which they are likely to undergo on account of their failure to make payment of fine is reduced to considerable extent, which is not opposed by learned DPG for the State.

3. Heard arguments and perused the record.

4. The appellants are young men 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 sentence which they are likely to undergo on account of their failure to make payment of fine is reduced to 01 month each with benefit of section 382(b) Cr.P.C.

5. Subject to above modification, the instant jail appeal is disposed of accordingly.

JUDGE