ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr. Appeal No. D- 68 of 2006

&

Cr. Jail Appeal No. D- 74 of 2006

DATE         ORDER WITH SIGNATURE OF JUDGE

                                                            Present:

                                                            Mr. Justice Amir Hani Muslim,

                                                            Mr. Ahmed Ali Sheikh,

FOR REGULAR HEARING.

29.10.2009

            Appellant produced in custody.

Mr. Nisar Ahmed Durrani, Advocate for Appellant

Mr. Muhammad Iqbal Kalhoro, A.P.G. for the State.

                                                ------------

            The Appellant’s Counsel present along with Appellant states that he does not press the appeal on merits and prays that he would be satisfied if the quantum of punishment under the impugned judgment is reduced from Life Imprisonment and fine of Rs.50,000/- to that of already undergone.

            Mr. Muhammad Iqbal Kalhoro, A.P.G has no objection if the sentence awarded to the Appellant is reduced to one already undergone.

            The Appellant was charged for committing murder of deceased Imtiaz Chandio and was convicted U/s 302(b) PPC by the impugned judgment. According to the Jail Roll, the Appellant has served substantial period of his sentence 09 years, 07 months and 04 days and the remission earned by the Appellant is 08 years and 22 days. His unexpired period of sentence is 07 years, 04 months and 04 days with fine. In this manner the Appellant has served the sentence of 17 years, 07 months and 26 days as on 28.10.2009.

            The Appellant was a Police Constable and his defense was that the police party was attacked and they have opened fire in the air and one bullet of the Appellant has hit deceased Imtiaz Chandio. This plea of the Appellant has not been accepted and he was convicted by the impugned judgment. The Appellant is first offender and was in service in police department.

            Apparently, there is no enmity between the Appellant and the deceased but since the material against the Appellant has led him to

conviction and the appellant does not want to press this Appeal on merits and has served substantial sentence and has lost his job besides the mental agony.

            We feel that ends of justice have met as the Appellant has already served substantial period of his sentence. We therefore, while dismissing this Cr. Appeal No.D-68 of 2006 along with Cr. Jail Appeal No. D- 74 of 2006 reduce the quantum of sentence of the Appellant under the impugned judgment from sentence of life imprisonment and fine to that of already undergone.

            The Appellant shall be released forthwith if not required in any other case. Office shall issue writ of release today.

                                                                                                            JUDGE

                                                                                    JUDGE

Ali Haider.