IN THE HIGH COURT OF SINDH AT KARACHI
Criminal
AppealNo.186 of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
1.
For orders on office objection as at
“A”
2.
For orders on M.A. No.1392/2025
3.
For hearing of main case
4. For
hearing of M.A. No.3290/2024
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02.05.2025
None present for appellant
Mr. Neel Parkash,
D.P.G.
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On
30.04.2025, following order was passed:
“Vide
judgment dated 13.02.2025, passed by learned Additional Sessions Judge-VIII, Malir Karachi, appellant Muhammad Munir
was convicted and sentenced to 5 years R.I. and to pay fine Rs.5000/-, in
default whereof to undergo S.I. for 10 days. He was further convicted under
section 337-E(ii)(a), PPC for causing injury to Abbas Ali and sentenced to 1
year R.I. as Tazir and to pay Daman amount
Rs.10,000/- in default whereof he was ordered to be dealt with as provided
under section 337-Y, PPC. Daman amount if paid by convict shall be paid to injured Abbas Ali. Benefit of section 382-B, PPC was
extended to appellant.
During pendency of appeal, jail roll
was called, which reveals that appellant has served out the total sentence but
he is confined in the prison for want of payment of Daman amount Rs.10,000/-.
Jail Superintendent, District Prison and Correctional Facility Malir Karachi was called. Today,
Deputy Superintendent, District Jail Malir has
appeared and submits that appellant is ready to pay Daman amount through Jail
Authorities but learned trial Court is not receiving Daman amount due to
pendency of this appeal. Learned trial Court is directed to receive Daman
amount, which will be deposited on his behalf by the Jail Authorities. This
order shall be communicated to the trial Court through learned District and
Sessions Judge Malir by fax for compliance. Jail
Superintendent, District Prison Malir is directed to get
consent from appellant in writing as to whether the appellant wants to contest
this appeal on merits or he does not want to contest the same on merits and to
appear along with reply of appellant before this Court on 02.05.2025 at 09:30 a.m.”
Mr. Ameer Baig, Assistant, District
Prison and Correctional Facility, Malir, Karachi,
present in court, files a report signed by the Superintendent supported with
receipt dated 30.4.2025 of Nazir, District and Sessions Court, Malir, Karachi and handwritten statement of the appellant,
which are taken on record. He submits that after payment of Rs.10,000.00 as Daman amount with the Nazir of the District and
Sessions Court, Malir, the appellant was released
from the jail. Perusal of the handwritten statement of appellant annexed with
the aforesaid report of the Superintendent, District Prison and Correctional
Facility, Malir, shows that the appellant does not
want to proceed with his case on merits. Accordingly, this Cr. Appeal is
dismissed in above terms.
J U D G E
Gulsher/PS