IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA.

Crl. Appeal No. S–40 of 2021

Appellant:                            Mushtaque Ahmed s/o Ali Gul Rind

                                                Through Mr.Safdar Ali Kanasiro, Advocate.

The State:                              Through Mr. Ali Anwar Kandhro, Addl.P.G.

Date of hearing:                  24-03-2023.

Date of decision:                 24-03-2023.

JUDGMENT

IRSHAD ALI SHAH, J. It is the case of prosecution that on arrest from the appellant was secured unlicensed pistol of 30 bore with magazine containing four live bullets of same bore, by Police party of P.S Saddar Jacobabad which he allegedly used for committing murder of Mst.Shazia and HazarKhan, for that he was booked and reported upon. On conclusion of trial, he was convicted U/S. 23(i)(a) of Sindh Arms Act 2013 and sentenced to undergo Rigorous Imprisonment for 06 years with fine of Rs.50,000/- and in default whereof, to undergo Simple Imprisonment for 01 year with benefit of Section 382-B Cr.PC, by learned 1^st Additional Sessions Judge, Jacobabad, vide judgment dated  28.05.2021, which the appellant has impugned before this Court by way of instant Crl.Appeal.

2.         At the very outset, it is stated by learned counsel for the appellant that the appellant has already undergone substantial sentence of 03 years, 07 months and 02 days, beside this, he has earned remission of 02 years, 11 months and 21 days,  in that he has already remained in jail for about 05 ½ years, therefore, he would not press the disposal of instant Crl.Appeal on merits, provided 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 aged about 42 years; he is said to be sole bread earner of his family; by not pressing the disposal of his appeal on merits he has shown remorse, thus there is likelihood of his reformation. By considering all these factors as mitigating circumstances, the Rigorous Imprisonment awarded to the appellant for the said offence is reduced to one which he has already undergone which includes payment of fine; he is in custody to be released forthwith, if is not required to be detained in any other custody case.

5.         The instant Crl.Appeal subject to above modification is disposed of accordingly.

                                                                                             JUDGE