ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Jail Appeal No.S-61             of  2012.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

FOR REGULAR HEARING.

16.3.2015

                        Mr. Habibullah G. Ghouri, advocate for appellant.

                        Mr. Muneer Ahmed Abbasi, D.D.P.P.

                                                -.-.-.-.-.-.-.-.-

                        Appellant Ali Sher was tried by learned Additional Sessions Judge, Shahdadkot in Sessions Case No.74 of 2009 in Crime No.04/2009 registered at Police Station Imam Bux Jamali for offence under section 13(d) Arms Ordinance. After full dressed trial, learned trial Court by judgment dated 06.6.2012 convicted the appellant Ali Sher under section 13 (d) Arms Ordinance and sentenced to three years. Benefit of section 382-B, Cr.P.C was extended to the appellant.

                        It may be mentioned here that the appellant has been arrested in the main case bearing Crime No.12/2008 registered at Police Station Imam Bux Jamali under section 302, 324, 436, PPC. It is informed by the learned counsel for the appellant that case is pending trial in the aforesaid main case.

                        Mr. Habibullah G. Ghouri, learned counsel for the appellant does not press instant appeal on merits and stated that the appellant after conviction has remained in jail for the period more than three years and sentence awarded to him is already undergone by the appellant. Jail roll has been called which reflects that sentence has been served by the appellant.

                        Mr. Muneer Ahmed Abbasi, learned D.D.P.P also submits that the appellant has already served sentence awarded to him by the trial Court and appeal has become infructuous.

                        In these circumstances, since the appeal is not pressed on merits. Conviction recorded by the learned trial Court is maintained. Since sentence has already been undergone. Therefore, appeal stands disposed of in above circumstances.  The appellant shall be released in this appeal forthwith. However, it is mentioned that Jail Superintendent has mentioned that the appellant is detained in Crime No.12/2008 registered at Police Station Imam Bux Jamali under section 302, 324, 353, 395, 396, 404, 427, 436, 440, 148, 149, PPC and 6/7 ATA which is pending against him and he shall not be released in the aforesaid case.