IN THE HIGH COURT OF SINDH, AT KARACHI
Criminal Jail Appeal No. 637 of 2021
Appellant: Nemo
for appellant Bilal
N
The State: Through
Ms. Rubina Qadir, Deputy Prosecutor General Sindh
Date of hearing: 03.10.2022
Date of judgment: 03.10.2022
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 30 bore with magazine containing two live bullets of same bore by police
party of PS Saoodabad, which he allegedly used for committing robbery from PW
Salman Saeed, for that he was booked and reported upon. After due trial, the
appellant was convicted for an offence punishable u/s 25 of Sindh Arms Act,
2013 and sentenced to undergo R.I for 03 years with fine of Rs.5000/- and in
default whereof to undergo simple imprisonment for 02 months with benefit of
section 382-B Cr.P.C by learned II-Additional Sessions Judge, Karachi East vide
judgment dated 24.05.2021 which is impugned by the appellant by preferring the
instant appeal from jail.
2. As per jail roll furnished by the Jail
Authorities, the appellant has already been released on completion of his jail
term and probably this appears to be a reason for him to have neglected the
instant jail appeal, same could not be kept pending on file for want of his
appearance therefore, it was decided to be disposed of on merits after hearing
learned D.P.G for the State.
3. Learned D.PG for the state by supporting
the impugned judgment has sought for dismissal of instant appeal.
4. Heard arguments and perused the record.
5. As per complainant ASI Gul Baz and
P.W/mashir PC Muhammad Nazeer, they apprehended the appellant and secured from
him unlicensed pistol of 30 bore with magazine containing two live bullets of
same bore which he allegedly used while committing robbery from PW Salman Saeed
and he then was booked in the present case. Their evidence takes support from
ancillary evidence furnished by P.Ws Salman Saeed, I.O/SIP Khadim Hussain and
positive FSL report. In these circumstances learned trial Court was right to
conclude that the prosecution has been able to prove its case against the appellant
beyond shadow of doubt and such finding is not calling for any interference by
this Court.
6. In view of above, the instant jail appeal
fails and is dismissed accordingly.
JUDGE