THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.D-28 of 2022

                             Before:

Mr. Justice Shamsuddin Abbasi

Mr. Justice Amjad Ali Sahito

Appellant:                     Meer Muhammad Kharal present in person.

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

Date of hearing:            01.11.2022.

Date of Judgment:        01.11.2022.

J U D G M E N T

AMJAD ALI SAHITO, J-. Through this Criminal Appeal, the appellant has challenged Judgment dated 08.06.2022, passed by learned Sessions Judge/Special Judge for CNS, Kamber-Shahadadkot at Kamber in Special Case No.14 of 2022, Crime No. 176/2021 registered at P.S. Nasirabad 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 2 Kilograms of chars to undergo R.I for three years with fine to the tune of Rs.10,000/-/- (Rupees Ten Thousands only); in case of default to undergo S.I for two months more.  However, the benefit of Section 382-B Cr.P.C. was extended to the appellant.

2.     The appellant present in person at the very outset has stated that he 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 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 2021. The Jail Roll of the appellant was called from the concerned jail, which reflects that the appellant has served out One year, two months and thirteen 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 5 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 present on bail, his bail bond stands cancelled and the surety is discharged. Office is directed to return the surety papers to the surety after proper verification and identification as per rules.

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

                                                J U D G E

J U D G E

Manzoor