ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Cr. Jail Appeal No.S-163 of 1999.

DATE                         ORDER WITH SIGNATURE OF JUDGE

1-04-2011.

Mr. Ghulamullah Chang, Advocate for the appellant.

 Syed Meeral Shah,D.P.G. for the State.

                        ====

            The appellant has filed this jail appeal, through Superintendent, Central Prison, Hyderabad.

            The brief facts of the case are that vide judgment dated 5.6.1999 the appellant was convicted under section 13-(d) Arms Ordinance in crime No.4/98, P.S. Khipro and awarded sentence to suffer R.I. for fifteen months and fine of Rs: two thousand. In the event of non-payment of fine, he will suffer SI for one month.

            The appellant moved Cr. Jail Appeal No.4 of 1999 before the Additional Sessions Judge, Sanghar against the impugned judgment passed by Judicial Magistrate, Sanghar and the learned Additional Sessions Judge, Sanghar vide judgment dated 23.10.1999 dismissed the appeal of the appellant and maintained the conviction recorded by the judicial Magistrate. Thereafter the appellant preferred an appeal before this Court through jail against the judgment passed by Additional Sessions Judge, Sanghar, which was numbered as criminal jail appeal instead of criminal revision, as there is no question of filing jail appeal against an appellate order already passed in the case.

            Learned D.P.G. has argued that the appellant was convicted on 5.6.199 for fifteen months, which period has already lapsed much earlier. Learned D.P.G. further pointed out that the jail roll dated 18.10.2007, in which it is clearly mentioned that the punishment awarded to the appellant on 5.6.99 in crime No.4 of 1998 of Police Station, Khipro has already been completed, however the convict in question is confined in Central Prison, Hyderabad in another crime No.72 of 1997 of Police Station, Tando Bago for life imprisonment. The learned D.P.G. invited intention of this Court to the report of Superintendent, Central Prison, Hyderabad to another jail roll submitted on 24.3.2011 which shows that the appellant was shifted to LMUH, Hyderabad on 5.8.2010 for medical treatment where he was admitted and made his escape on 4.9.2010, where after necessary FIR has been lodged against the above named convict as well as responsible official at Police Station, Market, Hyderabad.

            The learned counsel for the appellant is also present and he concedes to this position and he further submits that since the appellant has already escaped from the custody as per report of the Jail Superintendent and further FIR has been lodged against his abscondence, therefore, he does not want to press this appeal.

            Accordingly, his criminal jail appeal is converted into criminal revision and is hereby dismissed as not pressed. R and Ps may be consigned to the concerned Court.

                                                                                                            JUDGE.