IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Cr. Appeal No. D- 60 of 2017

DATE        ORDER WITH SIGNATURE OF JUDGE

PRESENT:

                                                          Mr. Justice Aqeel Ahmed Abbasi

                                                          Mr. Justice Yousuf Ali Sayeed

For hearing of MA 4176/17

20.06.2017

            Mr. Faisal Ali Raza Bhatti, Advocate for Appellant

Syed Meeral Shah A.P.G. for the State.

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JUDGMENT

1.         Learned Counsel for the petitioner submits that the appellant Aaqib has been convicted in Crime No. 01/2016 registered at P.S Excise Crime Branch Hyderabad and sentenced to suffer two years R.I and to pay fine of Rs.20,000/-, in case of default in payment of fine the appellant was directed to suffer S.I for two months more vide judgment dated 16.05.2017. Per learned Counsel, there are defects in the impugned judgments, however, since the appellant has already undergone substantial sentence of one year, four months and 16 days (excluding remissions), whereas, if remissions are counted the appellant has to undergo four months more the appellant would not press instant appeal on merits. It has been further submitted by the learned Counsel that appellant is a poor person who is not in a position to even furnish surety if he is released on bail, therefore, according to learned Counsel, instead of pressing his bail under section 426 Cr.P.C seeking his release on bail while suspending the sentence  during pendency of appeal, he would humbly request that the appellant may be released while maintaining the conviction, however, by reducing the sentence awarded to him to one which he has already undergone, whereas, fine of Rs.20000/- shall be remitted as the appellant is really a poor person. Learned counsel for the appellant further submits that the appellant is a first offender who has no previous criminal record and he has repented not to repeat such offence.

2.         Syed Meeral Shah A.P.G. for the State in view of hereinabove facts and circumstances of the case, and the short sentence awarded to the appellant, which the appellant has already undergone substantially, has no objection if the impugned judgment is suspended, and the sentence awarded to the Appellant is reduced to one which the appellant has already undergone, whereas, keeping in view the poor financial condition of the appellant, fine is hereby remitted.

3.         Accordingly, since the appellant does not want to press this Appeal on merits, whereas, appellant has already served substantial portion of sentence, therefore, we will, while dismissing this appeal while maintaining the conviction, would reduce the quantum of sentence awarded to the appellant under the impugned judgment to one which the appellant has already undergone and also remit the fine. The appellant namely Aaqib shall be released forthwith if not required in any other case. Office shall issue writ of release today. Since the main appeal stands dismissed, therefore, listed application is also disposed of.

                                                                                                            JUDGE

                                                                                    JUDGE

Ali Haider.