IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Appeal No. S-67 of 2023

Appellants	Iqbal @ Mumtaz and others
	Through Mr. Muhammad Afzal Jagirani, advocate
Respondent No.1	Sikandar Ali Through Mr. Mazhar Ali Mangan, advocate
State	Through Mr. Aitbar Ali Bullo, D.P.G for the State
Date of hearing	21-02-2025
Date of order	21-02-2025

J U D G E M E N T

Khalid Hussain Shahani, J. Appellants Iqbal @ Mumtaz, Abbas @ Basho, Gulzar, Fida, Ali Sher were convicted in a Sessions case No.7434/2022, Re(Sikander Ali Vs Iqbal @ Mumtaz & others), for offence u/s 3(2) of Illegal Dispossession Act, 2005 by the learned IVth Additional Sessions Judge Larkana; they were sentenced to RI for two years and fine of Rs.25000/- (twenty five thousands). They would have to remain in jail for three months more, if fail to pay the fine.

2. At the outset, learned counsel for the appellants submitted that the appellants would be content and would not pursue the present appeal on merits, provided that the sentence imposed by the learned trial court is reduced to the term of imprisonment already served by the appellants. Besides, placed on the record affidavits sworn by the appellants to the effect that they have nothing to do with the property of complainant and in future not make hindrance of any kind.

3. Learned Deputy Prosecutor General with consent of Mr. Mangan, learned counsel for the complainant acknowledged the request made by the learned counsel for the appellants and raised no objection to the reduction of the appellants' period of incarceration in lieu of fine, limiting it to the duration of detention already served.

4. Upon careful consideration of the submissions made by learned counsel for the appellants, it is noted that the appellants and their family are in an extremely impoverished financial condition.

5. As per the jail roll provided by the authorities up to 18.03.2024, the appellants have completed a total of 4 months, and 05 days of imprisonment, excluding any remission. Additionally, they have earned remissions amounting to 1 year, 7 months, and 21 days, effectively serving a cumulative sentence of 2 years, 6 months. The unexpired portion of their sentence, as reflected in the jail roll, stands at 10 months, and 9 days.

6. Given these circumstances, and in view of the mitigating factors, the appellants' request for a reduction in the sentence imposed by the trial court warrants consideration

7. Considering the aforementioned circumstances, the appeal filed by the appellants is dismissed as not pressed. However, the sentence previously imposed on the appellants is modified and reduced to the period of imprisonment already served. Additionally, the fine imposed by the learned trial court is hereby remitted. The appellants are present on bail, their bail bonds stand cancelled and surety discharged.  

8. The instant Criminal Appeal is disposed of with above modification.

JUDGE

Abdul Salam/P.A