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