THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.D-31 of 2022

                             Before:

Mr. Justice Shamsuddin Abbasi

Mr. Justice Amjad Ali Sahito

Appellant:                     Illahi Bux Bajkani through Mr. Abdul Rasheed Abro, Advocate.

Respondent:                  The State,   through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

Date of hearing:            08.11.2022.

Date of Judgment:        08.11.2022.

J U D G M E N T

AMJAD ALI SAHITO, J-. Through this Criminal Appeal, the appellant has challenged Judgment dated 14.07.2022, passed by learned Sessions Judge / Special Judge for CNS, Kashmore at Kandhkot in C.N.S. Case No.11 of 2022 emanated from Crime No.40/2022 registered at P.S. Karampur, for the offence under section 9(c) CNSA, 1997, whereby the appellant was convicted and sentenced for the offence under section 9(c) CNASA, 1997 for possessing 2000 grams of chars to undergo R.I for four years and six months with fine to the tune of Rs.20000/- (Rupees Twenty Thousands only); in case of default to undergo S.I for five months more. 

2.     Learned counsel at the very outset has stated that the appellant is the only bread earner of his family and has remained in jail for sufficient period and still is being dragged in the instant case; as such, he does not wish to contest this Criminal Appeal and leave himself at the mercy of the Court.  He states that if this Court while maintaining the conviction reduces the sentence to one he has already undergone, he would not press the Criminal Appeal.

3.      On the other hand, learned Deputy Prosecutor General, Sindh concedes that the appellant has remained behind the bars for sufficient period and has learnt the lesson; therefore, he has no objection if a lenient view is taken against him by dismissing the instant Criminal Appeal and treating the sentence to one as already undergone.

4.      We have heard the learned counsel for the appellant, learned Deputy Prosecutor General and have gone through the material available on record.  The witnesses have supported each other on all salient features of the case and there appears to be no worthwhile contradictions.  The offence pertains to year 2022. The Jail Roll of the appellant was called from the concerned jail, which reflects that the appellant has served out two years, four months and twenty four days including remission.  The appellant is sole bread earner of his family and has remained in jail and learnt the lesson as he has undergone sufficient period of his sentence.  The punishment provided for the same is upto 4 ½ years; therefore, there is no legal impediment in accepting the request of the appellant.

5.      Only in order to enable the appellant to reform and rehabilitate himself to rejoin the mainstream life to once again become a useful member thereof, by taking leniency, instant Criminal Appeal is dismissed, but with the reduction of his sentence to one as already undergone by the appellant including fine amount. Appellant is directed to be released forthwith, if his custody is not required in any other custody case.

6.      Instant Criminal Appeal is dismissed with the above modification.

                                                J U D G E

J U D G E

Manzoor