ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Jail Revision  No:  09  of 2010.

Date                          Order with signature of judge.

For Regular Hearing.

13.11.2012.

Mr. Rafiq Ahmed K. Abro, advocate for the appellant.

Mr. Ameer Ahmed Narejo, State Counsel.

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                        Appellant Jamal S/O Mirch bycaste Jatoi was convicted by learned Civil Judge and Judicial Magistrate, Khanpur vide judgment dated 19.12.2009 and sentence awarded to the appellant U/S 457 PPC in Crime NO.18/2009 of P.S Kot Shahoo  for three years  R.I  and to pay fine of Rs.5000/- (Five Thousands) and in case of default of payment of fine, appellant was further directed to undergo for two months R.I more.  Benefit of section 382(B) Cr.P.C was extended  to the appellant/accused and thereafter  against order appeal was preferred before learned Sessions Judge, Shikarpur who vide order dated 23.01.2010 maintained the conviction and sentence recorded by the trial Court.  Thereafter Revision is preferred before this Court.

                        Mr. Rafiq Ahmed K. Abro, learned advocate for the appellant  submitted that appellant Jamal S/O Mirch Jatoi has been released on 01.01.2011  with getting benefit of remission  of 640 days by jail authorities. Letter dated 13.10.2012 issued by Superintendent, Central Prison, Larkana  is on the  record, which shows  that appellant Jamali S/O Mirch Jatoi  was released from Central Prison, Larkana  on 01.01.2011 on getting benefit of 640 days as remission. 

                        With the assistance of  learned counsel for the parties, I have perused the prosecution evidence.  From the perusal of prosecution evidence, it transpires that prosecution succeeded  in establishing its case against appellant by cogent evidence.   Learned Civil Judge and Judicial Magistrate, Khanpur rightly convicted the accused and the conviction was maintained by learned Sessions Judge, Shikarpur by assigning sound reasons.   Absolutely there is no justification to interfere with the impugned judgment.  Since appellant has been already released by serving the sentence and earning the remission, therefore, in the afore stated  circumstances, revision is hereby dismissed.

JUDGE