IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

LARKANA

Crl. Appeal No. S-  13 of 2023.

Muhammad Qasim Khokhar.                                             ….………...Appellant.

Versus

The State.                                                                               …....…..….Respondent.

            Mr. Muhammad Afzal Jagirani, Advocate for appellant.

            Mr. Imran Mubeen Khan, Assistant Prosecutor General.

Date of hearing:                    14.09.2023.

Date of Judgment:                14.09.2023.

Judgment

Shamsuddin Abbasi, J-.            Through this criminal appeal, appellant Muhammad Qasim son of Muhammad Rafique Khokhar has assailed the judgment dated 18.01.2023, delivered by learned Assistant Sessions Judge-II, Jacobabad, in Sessions case No. 151 of 2022, emanating from F.I.R No.48 of 2022 of City P.S Jacobabad, whereby the appellant was convicted and sentenced for offences under Section 25 of the Sindh Arms Act, 2013, to undergo for five years with fine of Rs.45000/- and in case of non-payment of fine to undergo six months more. The appellant was however extended benefit of Section 382-B Cr.P.C.

            2.         At the very outset learned counsel for the appellant submitted that, the appellant has completed major portion of sentence awarded to him. He further added that, he is ready not to press the instant appeal on merit, if sentence of appellant is reduced to that of already undergone, as he has sufficiently been punished for remaining in jail he may be given a chance in his life to rehabilitate himself. Per learned counsel, the appellant is a previous non-convict and he is sole breadwinner of his entire family.

            3.         On other hand, learned A.P.G. submits that the appellant has sufficiently been punished as he has remained in jail for sufficient period, therefore, he recorded no objection, if the sentence of the appellant is reduced to that of already undergone.

            4.         According to jail-roll of the appellant dated 08.09.2023 issued by Senior Superintendent of Central Prison & Correctional Facility, Larkana, the appellant had served out substantive period of sentence for 08-months and 24-days, besides remission earned by him is 02-years, totaling to 02-years, 08-months and 24-days which appears to be an adequate portion of sentence.

            5.         In view of above facts and circumstances of the case, I am of the opinion that the appellant has succeeded to make out a case for reduction of his sentence. Therefore, in order to give a chance to the appellant in his life to rehabilitate himself so also following the dictum laid down in case of Niaz-ud-Din v. The State (2007 SCMR 206), the above Crl. Appeal No. S- 13 of 2023 is partly allowed. Consequently, while maintaining the conviction of the appellant, the sentence of the appellant inflicted on him is reduced to that of already undergone including sentence of fine amount and the term of imprisonment in default thereof. The appellant shall be released forthwith, if he is not required to be kept under custody in any other case.

                                                       Judge

Ansari