IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Jail Appeal No. 621 of 2021

Appellant: Sikandar Khan through Mr. Musharraf Azhar advocate

Respondent: The State through Ms. Seema Zaidi, Addl. Prosecution General Sindh

Date of hearing: 29.11.2022

Date of Judgment: 29.11.2022

J U D G M E N T

IRSHAD ALI SHAH, J.- It is alleged that on arrest from the appellant was secured unlicensed pistol of 9mm bore with magazine, containing 09 bullets of same bore by police party of PS SIU, Karachi, for that he was booked and reported upon. On conclusion of trial, he was convicted under Section 24 of Sindh Arms Act 2013 and sentenced to undergo rigorous imprisonment for 02 years and to pay fine of Rs.10,000/- and in default whereof to undergo simple imprisonment for 15 days with benefit of Section 382(b) Cr.P.C, by learned VIII-Additional Sessions Judge, Karachi East, vide judgment dated 27.09.2021, which is impugned by the appellant before this Court by preferring the instant appeal from jail.

2. At the very outset, it is stated by learned counsel for the appellant that the appellant is at the verge of completion of his sentence and he would not press the disposal of instant jail appeal on merit, if the sentence awarded to the appellant is reduced to one which he has already undergone, which is not opposed by learned Addl. P.G for the State.

3. Heard arguments and perused the record.

4. The appellant is appearing to be young man of 27 years of the age, said to be sole bread earner of his family and there is likelihood of his reformation, therefore, by considering all these factors as mitigating circumstances, the sentence awarded to the appellant is reduced to rigorous imprisonment for 20 months and to pay fine of Rs.10,000/- and in default whereof to undergo simple imprisonment for 10 days with benefit of section 382(b) Cr.P.C.

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

JUDGE