IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA.

Crl. Appeal No. D–32 of 2022

Before:

                                                Mr. Justice Irshad Ali Shah.

                                                                                    Mr. Justice Zulfiqar Ali Sangi.

Appellant:                            Arsh Muhammad s/o Faiz Muhammad Machhi.

Through Mr.Abdul Wajid Khokhar, Advocate.

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

Date of hearing:                  28-03-2023.

Date of decision:                 28-03-2023.

JUDGMENT

IRSHAD ALI SHAH, J. It is alleged that on arrest from the appellant was secured 02 KGs of Charas by Police party of P.S Karampur, for that he was booked and reported upon. On conclusion of trial, he was convicted u/s. 9 (C) of CNS Act, 1997 and sentenced to undergo Rigorous Imprisonment for 04 years and 06 months with fine of Rs.20,000/- and in default whereof, to undergo Simple Imprisonment for 05 months with benefit of section 382-B Cr.PC by learned Sessions/Special Judge CNS, Kashmore @ Kandhkot, vide judgment dated  14.07.2022, which he 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 00 year, 10 months and 10 days, beside this, has earned remission of 01 year, 11 months and 16 days, in that way he has remained in jail for about two 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; no criminal record against him has been produced on file; 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 sentences awarded to the appellant, for the said offence is reduced to one, which he has already undergone, which includes the sentence on account of default in payment of fine; he shall be released forthwith, if not required to be detained in any other custody case.

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

                                                                                                             J U D G E

                                                                           J U D G E