IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Appeal No.108 of 2022
|
DATE |
ORDER
WITH SIGNATURE(s) OF JUDGE(s) |
Present: Mr. Justice Naimatullah Phulpoto
Mr. Justice Shamsuddin
Abbasi
1. For hearing of main case
2. For hearing of M. A. No.1638/2022
(426, Cr.PC)
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31.01.2023
Mr. Nazir
A. Shaikh, advocate for appellant.
Mr. Hakim Ali Shaikh,
Addl: Advocate General Sindh
Mr. Muhammad Iqbal
Awan, Additional P.G.
Nadir Ali Tanwri,
Probation Officer, Home Department
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Shakeel
son of Sagheer, appellant was tried by learned
Additional Sessions Judge-I/CNS, Karachi for offence under Section 9(b) of the
Control of Narcotic Substances Act, 1997. On the conclusion of trial, appellant
was convicted under Section 9(b) for category (i) to suffer R.I. for three
years and fine of Rs.100,000/- and in case of default, to suffer SI for fifteen
days more. Appellant was extended benefit of Section 382(b),
Cr.PC was extended to the appellant.
Trial court, after convicting the
appellant, handed over the custody of the appellant to the Probation Officer in
the following terms:
“Accused has pleaded that he is the only bread earner
of his large family and there is no other elder male member to care and rare
the family. He is first offender and of a young age. He repents and mends his
ways in future. I take lenient view in sending accused on probation instead of
sentencing as the court has not received any complaint regarding behavior and
attitude of accused, there is no previous criminal record/conviction of
accused. Accused being first offender and surrenders himself
on mercy of court. The offence does not fall within ambit of section 5(1)(a) and Section 5(1)(b) of the Probation of Offenders
Ordinance, 1960 or any of its rules. Instead sentencing accused, I order to
send him on probation to mend his ways and improve his character so that he may
become a useful citizen in the main stream of life and to lead a normal life so
also to save his family members from harsh facts of the hard life in poverty.
Accused is produced by Jail Authority and is remanded with conviction warrant
and direction to J/A to handover the custody of accused to Probation Officer for
further necessary process as per law. Accused shall be handed over to probation
officer on execution of PR bond of Rs.100,000/-
(Rupees one lac only) on prescribed form "C" of the Probation of
Offenders Rules. 1961. Accused is directed not to repeat the offence, not to
change the address without intimation to Probation Officer. Accused shall also
maintain good behavior and to appear before the court as and when called for
sentencing or otherwise. The fine amount shall be paid by accused within period
of six months from today and in case of failure he shall serve out the sentence
as above in case of default in payment of fine amount (or the period may
include as undergone if it is equal to sentence in case of default). The
probation officer is directed to implement this order as per law and relevant
rules strictly and submit the required reports accordingly.
Accused is warned that if any breach of terms and
conditions of this order or bond executed is committed, the sentence shall be
executed accordingly.”
Appellant filed appeal before this
Court on 14.12.2022. This Court noted from the impugned judgment that the
appellant has been released on probation. Notices were issued to the appellant,
Advocate General Sindh and Home Secretary, Government of Sindh, with direction
to file statement before this Court, setting out that who is the Probation
Officer in respect of the appellant and ensure attendance of the Probation
Officer before this Court for today.
The Secretary to Government of
Sindh, Home Department submitted the report and mentioned that Mr. Nadir Ali Tanwri is the concerned Probation Officer. Today, Probation
Officer is present, however, counsel for the
appellant, after seeking instructions from appellant Shakeel
son of Sagheer, did not press the instant appeal, the
same is dismissed as not pressed.
Before parting with the order, it is
observed that if the appellant fails to observe any of the conditions of his
bond executed before the trial Court, the trial Court may issue summons or
warrants of his arrest and, if, after hearing the appellant the trial Court is
satisfied that he has failed to observe any of the conditions of his bond, the
trial Court may sentence him by restoring his original sentence and if the
appellant fails to pay the compensation he shall be dealt with in terms of
Section 6(3) of the Ordinance, 1960 as the law enunciated in the case of Adeel Rasheed versus The State and another (PLD 2022
Supreme Court 795).
J U D G E
J
U D G E
Gulsher/PS