IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA.

Crl. Appeal No. D–36 of 2022

Before:

                                                 Mr. Justice Irshad Ali Shah.

                                                                                     Mr. Justice Zulfiqar Ali Sangi.

Appellant:                            Allah Bux son of Jan Muhammad Bhangwar

Through Mr.Muhammad Afzal Jagirani, Advocate.

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

Date of hearing:                  12-04-2023.

Date of decision:                 12-04-2023.

JUDGMENT

IRSHAD ALI SHAH, J;- The appellant for being in possession of 2100 grams of Charas, on conclusion of trial, was convicted U/S.9 (c) of CNS Act, 1997 and sentenced to undergo imprisonment for 05 years and 06 months with fine of Rs.25,000/- and in default whereof, to undergo simple imprisonment for 05 months and 15 days, with benefit of Section 382-B Cr.PC, by learned Additional Sessions Judge, Kashmore, vide judgment dated 20.08.2022, 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 earned remission of 02 years, 08 months and 15 days, in that way he has already undergone more than 03 years, 09 months and 18 days 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 Addl.P.G for the State.

3.         Heard arguments and perused the record.

4.         The appellant is young man of 25 years of 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