IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA.

Crl. Appeal No. D–40 of 2022

Before:

                                                Mr. Justice Irshad Ali Shah.

                                                                                    Mr. Justice Zulfiqar Ali Sangi.

Appellant:                            Rab Nawaz s/o Mazar by caste Lund.

Through Makhdoom Syed Tahir Abbas Shah, Advocate.

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

Date of hearing:                  29-03-2023.

Date of decision:                 29-03-2023.

JUDGMENT

IRSHAD ALI SHAH, J. It is alleged that on arrest from the appellant was secured 04 KGs of Charas by Police party of P.S Meeranpur Buriro, 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 06 years and 06 months with fine of Rs.30,000/- and in default whereof, to undergo Simple Imprisonment for 06 months with benefit of section 382-B Cr.PC by learned Sessions/Special Judge CNS/MCTC-II, Jacobabad, vide judgment dated  24.09.2022, 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 01 year, 03 months and 04 days, beside this, has earned remission of 03 years, 01 month and 01 day, in that way he has remained in jail for more than four years of the sentence, therefore, he would not press the disposal of instant Crl.Appeal on merits, provided the sentence awarded to the appellant for the said offence 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 young man of 28 years of age; he is said to be sole bread earner of his family; no criminal record against him has been brought on file of the Court; 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 his failure to make 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