ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr. Jail Appeal No. D- 229 of 2006

DATE         ORDER WITH SIGNATURE OF JUDGE

12.11.2009

            Appellant produced in custody

Mr. Shaukat Ali Pathan Advocate for Appellant

Mr. Mohammad Iqbal Kalhoro Additional Prosecutor General Sindh

            The Appellant states that he does not want the decision on merits and would be satisfied if his quantum of sentence is reduced from life imprisonment and fine of Rs.8,00,000/- to that of already undergone.

            As per jail roll dated 8.10.2009 the Appellant has served out substantial period of sentence of 08 years 09 months and has earned remission of 09 years 11 months 04 days. His unexpired portion without fine is 06 years 03 months and 02 days. The Applicant is the first offender and claims that he is lone bread earner of his family. He further states that he has been in jail since the day he was arrested. We feel that the ends of justice have met as the Applicant has already served out substantial period of sentence and being first offender his entitled to concession in the quantum of punishment.

            Learned Additional Prosecutor General Sindh also concedes to this position.

            We accordingly accept the oral request of the Appellant and while dismissing the appeal reduce the quantum of punishment incorporated in the impugned judgment from life imprisonment and fine to that of already undergone. The Appellant shall be released forthwith if not required in any other case. The office shall issue release writ today.

                                                                                                            JUDGE

                                                                        JUDGE

Karar/