ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr.Appeal.No.D- 33 of 2006

DATE                             ORDER WITH SIGNATURE OF JUDGE

                        For orders on MA 3140/09.

08.12.2009

Syed Tarique Ahmed Shah, Advocate for Appellant.

Mr. Shahid Ahmed Shaikh, A.P.G.

                                                =

                        Urgency granted.

                        The Assistant Prosecutor General present in Court was directed to appear in these proceedings of which the Additional Prosecutor General has already noticed.

                        The learned Counsel for the Appellant Qadir Bux states that he has been instructed not to press this appeal and prayed that quantum of sentence be reduced from 07 years and fine to that of already undergone.

                        As per record, the Appellant has been convicted on 15.02.2006 by Special Judge, STA, Sanghar for 07 years imprisonment and fine of Rs.10,000/- and in default to further undergo sentence of 03 months. The Appellant has served out the sentence of 03 years, 05 months and 23 days. He has earned remissions of 02 years and 20 days. As per Jail Roll dated 8.8.2009 his unexpired portion of sentence with fine is 01 year, 03 months and 18 days.

                        The Appellant claims to be the first offender and lone bread earner. He has served substantial period of sentence and ends of justice have met.

                        We, in the given circumstances while dismissing the appeal, modify the impugned judgment to the extent that sentence of 07 years and fine awarded therein, is reduced to that of already undergone. The Appellant shall be released forthwith if not required in any other case. Office shall issue release writ today.  

                                                                             JUDGE

                                      JUDGE

T.