IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA.

Crl. Appeal No. D –46 of 2022

Before:

                                                Mr. Justice Irshad Ali Shah.

                                                                                    Mr. Justice Zulfiqar Ali Sangi.

Appellant:                            Sabir Ali alias Habibullah Bhangwar  

Through Mr.Muhammad Afzal Jagirani, Advocate.

The State:                              Through Mr. Aitbar Ali Bullo, D.P.G.

Date of hearing:                  11-04-2023.

Date of decision:                 11-04-2023.

JUDGMENT

IRSHAD ALI SHAH, J;- The appellant was found to be in possession of 1200 grams of Charas by police party of P.S, A-Section Kandhkot, for that he was booked and reported upon. On conclusion of trial, he was convicted U/S.9 (c) of CNS Act, 1997 and was sentenced to undergo 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 at Kandhkot, vide judgment dated 01.11.2012, which he has impugned before this Court by preferring the instant appeal.

2.         At the very outset, it is contended by learned counsel for the appellant that as per jail roll, the appellant has already undergone substantial sentence of 01 year, 01 month and 03 days, besides this,      has also earned remission of 02 years, 03 months and 17 days, in that way he has already undergone more than 03 years of sentence, therefore, he would not press the disposal of instant appeal on merits, provided the sentence awarded to him is commuted to one which he has already undergone, which is not opposed by learned D.P.G for the State.

3.         Heard arguments and perused the record.

4.         The appellant is 40 years of the age, he is said to be sole bread earner of his family; no criminal record against him has been produced. 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 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 Crl.Appeal is disposed of accordingly.

                 JUDGE

JUDGE