Cr. Jail Appeal No. 91 of 2007

Date Order with Signature of the Judge

For hearing of case.

04.03.2016.

Mr. Muntazir Mehdi, Assistant Prosecutor General, Sindh.

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Syed Muhammad Farooq Shah, J.:- Being aggrieved with the judgment pronounced by the learned IInd Additional Sessions Judge, Thatta in Session Case No.189 of 2001 in case Crime No.38/2001 under section 302 PPC, whereby appellant was convicted and sentenced to suffer imprisonment for life as Tazir and further directed to pay compensation amounting to Rs.100,000/- to the legal heirs of deceased and in case of non-payment to undergo for 12 months more, the appellant has directed the appeal under section 410 Cr.P.C. through Superintendent of Jail in which he has prayed to set aside the impugned judgment.

During proceedings, the jail roll was called. On 04.7.2011 the letter of Superintendent Central Prison Hyderabad was placed on record wherein he had stated that appellant/convict has already been released from the prison on 14.10.2010 on special remission, granted by the Government of Pakistan vide Notification 08.7.2010 dated 06.9.2010. As per jail roll dated 25.4.2009 the unexpired portion without compensation was 17 years, 8 months and 19 days. Notice was issued to the Superintendent Central Prison Hyderabad to submit detail report as to how remission for such period was granted. On 26.2.2016 the matter again came before this court and with the assistance of Assistant Prosecutor General, Sindh the material documents showing special remissions granted to the appellant was perused wherein the Superintendent Central Prison Hyderabad vide report No. JB/18326/27 dated 30.7.2011 made clarification in the following terms:-

“To,

The Assistant Registrar (Criminal Branch)

Hon’ble High Court of Sindh,

Karachi.

Subject: Criminal Jail Appeal No. 91/2007

Reference: Honourable High Court of Sindh, Karachi letter dated 16.07.2011.

It is submitted that the convict/appellant Mohammad s/o Juman Mirbahar was sentence to Life imprisonment, Compensation of Rs. 100,000/- or 12 months more awarded by the learned II-Additional Sessions Judge, Thatta on 14.12.2006, in case under Section 302(b) PPC, Crime No. 38/2001, P.S. Mirpur Sakro with benefit of under trial period under Section 382-B Cr.P.C w.e.f. 26.07.2001.

It is further submitted that the President of Pakistan had granted Special Remission on the occasion of Eid-ul-Fiter 2010 vide notification issued under No. 8/7/2010-Ptns dated 06.09.2010 copy exhibited as Annexure ‘A’, the para-IX of said notification is re-produced hereunder:-

“Total remission to all prisoners who are 70 years of age or above and have under gone1/3^rd substantive sentence except those convicted for terrorist act, as defined in the Anti-Terrorism (Second Amendment) Ordinance, 1999 (No. XII of 1999)”.

The above named lifer convict was fulfilling the above condition of Special Remission as he had served 1/3^rd of substantive sentence and also attained age of 70 years. His date of birth was also got confirmed from NADRA authority, which is 1939 vide NADRA letter No. 7505 dated 04.10.2010 copy exhibited as Annexure ‘B’.

Accordingly, the above said lifer convict was released on 14.10.2010 on getting benefit of total remission awarded by the President of Pakistan on the eve of Eid-ul-Fiter 2010 and such intimation was submitted to the Hon’ble High Court of Sindh, Karachi under this office letter dated 14.10.2010”.

Analysis of the record shows that the appellant on completion of his awarded sentence including remission/special remission as clarified by the Superintendent Central prison Hyderabad had been released from prison on 14.10.2010 and since then he did not appear before this Court which shows that appellant has lost interest to contest the instant appeal, more particularly, after release from the prison he lost interest to contest the instant appeal preferred by him through Superintendent Central Prison Hyderabad.

At this juncture learned Assistant Prosecutor General, Sindh submits that impugned judgment is well reasoned, speaking one and does not invite interference through the instant appeal.

Since the appellant has lost interest to contest the instant appeal and I found no occasion to set aside the impugned judgment, which is not suffered from misreading, non-reading of evidence or discrepancies to shatter the prosecution testimony. Consequently, the appeal is dismissed having no merits for consideration.

*Aamir/PS* J U D G E