THE HIGH COURT OF SINDH AT KARACHI

Criminal Appeal No.634 of 2024

Present:

Mr. Justice Shamsuddin Abbasi

Appellant : Shahid son of Shahjahan Khan, through Mr. Abdul Haleem Jamali, advocate

Respondent : The State through Ms. Amna Ansari, Additional Prosecutor General Sindh

Date of Hearing : 26.05.2025

Date of Judgment : 26.05.2025

JUDGMENT

Shamsuddin Abbasi, J.- Appellant Shahid son of Shah Jahan Khan was tried by learned Assistant Sessions Judge-XII, Karachi West in Sessions Case No.277/2022, arising out of FIR No.1164/2021, registered at P.S. Manghopir, Karachi West, for offence under Section 24 of the Sindh Arms Act, 2013. After full-dressed trial, vide judgment dated 23.08.2024, appellant was convicted under section 24 of Sindh Arms Act, 2013 and sentenced to undergo 5 years R.I. and to pay fine Rs.20,000/-, in default whereof to undergo S.I for 2 months more. Benefit of section 382-B, Cr.PC was extended to appellant.

2.     At the very outset, it is contended by learned counsel for the appellant that, as per instructions, he would not press the disposal of instant criminal appeal on merits if the conviction and sentence awarded to the appellant is reduced to one as already undergone by appellant including fine and such proposition has also been conceded by learned Additional Prosecutor General Sindh for the State.

3.     Heard arguments of learned counsel for the parties and perused the material available on the record.

4.     It is case of prosecution that on 29.11.2021 at about 1245 hours, appellant was arrested by police and from his possession one 9MM pistol along with magazine, containing two live bullets, was recovered; appellant failed to produce license of recovered weapon, hence the subject FIR.

5.     Since, the conviction and sentence awarded to the appellant is required to be modified leniently for the reason that the appellant is a young man and has no past criminal antecedents, as such, he is capable of reformation. Jail roll dated 24.05.2025 reflects that appellant has served out sentence of about 3 years and 13 days, including remissions, and by now he has to undergo the remaining sentence of about 2 years, 1 month and 17 days. By not pressing his appeal on merits, he has shown his genuine repentance to his guilt, therefore, the conviction and sentence awarded to the appellant by way of impugned judgment are modified with one as already undergone by him. Accordingly, the sentence awarded to appellant vide impugned judgment dated 23.08.2024 is modified and reduced to one already undergone and the fine imposed upon him is remitted in peculiar circumstances of the case. He shall be released forthwith if not required any other custody case.

6. Criminal Appeal No.634 of 2024 stands disposed of in the above terms.

J U D G E

Gulsher/PS