IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Special Crl. Jail Appeal No.D-86 of 2022.

Special Crl. Appeal No. D –90 of 2022

Before;

Mr. Justice Zafar Ahmed Rajput,

Mr. Justice Irshad Ali Shah

Appellant: Muhammad Yaseen @ Lotoo s/o Muhammad Panah Jagirani, R/O village Chattan Shah, Taluka Kingri, District Khairpur.

(Now confined in Central Prison Khairpur)

Through Mr. Mir Ali Nawaz Jagirani, Advocate.

The State: Through Mr. Shafi Muhammad Mahar, DPG.

Date of hearing: 22-02-2023.

Date of decision: 22-02-2023.

JUDGMENT

IRSHAD ALI SHAH, J. It is the case of prosecution that on arrest from the appellant was recovered 2000 grams of charas by Police party of PS Pir Jo Goth, 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 and to pay fine of Rs. 20,000/- and in default whereof to undergo Simple Imprisonment for 05 months with benefit of section 382-B Cr.P.C, by learned Ist Additional Sessions Judge/MCTC-I/Special Judge CNS Khairpur vide judgment dated 09-06-2022, which is impugned by the appellant before this Court by preferring two separate appeals one from Jail and other through his counsel.

2. At the very outset, it is stated by learned counsel for the appellant that as per jail role the appellant has already undergone substantial sentence of 01 year, 01 month and 15 days; has also earned remission of 02 years 06 months and 27 days, therefore, he would not press the disposal of instant Appeals on merits, provided the sentence awarded to the appellant is reduced to one, which he has already undergone, which is opposed by learned Additional Prosecutor General, Sindh by contending that the offence which the appellant has committed is affecting the society at large.

3. Heard arguments and perused the record.

4. The appellant is 46 years of the age; said to be sole bread earner of his family; nothing has been brought on record which may suggests that the appellant is previous convict; by not pressing disposal of his appeals on merits he has shown remorse and there is likelihood of his reformation. By considering these factors as mitigating circumstances, the sentence 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.

5. Subject to above modification, the instant Appeals are disposed of.

J U D G E

Nasim/P.A