JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal.No.S-31 of 2022

(Tameer Shah Vs. The State)

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For the hearing of the main case.

02.08.2024

 

                        Mr. Zafar Ali Malghani, Advocate for the appellant.

                        Mr. Shewak Rathore, D.P.G for the State.

 

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IRSHAD ALI SHAH, J.- It is alleged that after arrest from the appellant was secured an unlicensed pistol of 30 bores with a magazine containing two live bullets, which he allegedly used to murder Aslam Shah, for which he was booked and reported upon. On the conclusion of the trial, he was convicted u/s.23(i)(a) r/w Section 25 of Sindh Arms Act, 2013, and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.100,000/- and in default in payment whereof to undergo simple imprisonment for one year with benefit of Section 382-B Cr.PC, by learned 1st Additional Sessions Judge, Jacobabad, vide judgment dated 29.08.2020, which he has impugned before this Court by preferring the instant criminal jail appeal.

2.         At the very outset, it is stated by learned counsel for the appellant that the appellant who is a young man of 23 years of age, inclusive of the remission, has already remained in jail for about eight years, therefore, he would not press disposal of his appeal before this Court on merit provided the sentence awarded to him is reduced to one which he has already undergone, which is not opposed by learned D.P.G for the State.

3.         Heard arguments and perused the record.

 

4.         As per jail roll, the appellant is on the verge of completion of his sentence, if it is not completed then the same is reduced to one that he has already undergone, it would include the sentence that he is likely to undergo on account of his failure to make payment of fine.

 

5.         The instant criminal jail appeal subject to the above modification is dismissed as not pressed. 

 

JUDGE