Criminal Appeal No. 199 of 2008
Date Order with Signature of the Judge
For hearing of case.
11th December, 2017.
Mr. Habib Ahmed, Advocate a/w appellant.
Ms. Seema Zaidi, Deputy Prosecutor General, Sindh.
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AFTAB AHMED GORAR, J. Appellant Naeem Ahmed son of Bashir Ahmed was found guilty of offence and vide Judgment dated 18.09.2008, passed in Sessions Case No. 303 of 2007 arising out of Crime No.101 of 2007 registered with police station Docks Karachi under Section 392/34 PPC was convicted to suffer R.I. for four (04) years and pay fine of Rs.1000/-, in default whereof to further suffer SI for one month. Being aggrieved and dissatisfied with the above judgment the appellant has preferred this Appeal under section 410 Cr.P.C.
2. Learned counsel for the appellant after having argued the appeal on merits submitted that he will not press the instant appeal if conviction awarded to the appellant is reduced to one already undergone, as he was remained in jail for more than one year. Per learned counsel, the appellant, who is young boy has to maintain his entire family, may be dealt with leniently for the sake of dispensation of justice.
3. On the other side, learned Deputy Prosecutor General, Sindh recorded no objection and categorically stated that the sentence already served by the appellant is sufficient to meet the ends of justice, therefore, the conviction and sentence awarded to the appellant through impugned judgment may be modified to one, which the appellant has already undergone.
4. It is an admitted fact that appellant remained in jail for more than 1½ years. In the case of Niazuddin v. The State reported as 2007 SCMR 206, the Hon’ble Supreme Court was pleased to reduce the sentence from imprisonment of ten years to six years. In the case of Gul Naseeb v. The State reported as 2008 SCMR 670, Hon’ble Supreme Court reduced the sentenced from imprisonment for life to ten years.
5. In such circumstances, in my opinion the appellant had suffered adequate punishment, and the ends of justice has been satisfied. Accordingly the appeal against conviction is dismissed as not pressed and the sentence awarded to the appellant is altered into imprisonment which appellant had already undergone. Appellant present on bail, his bail bonds stand cancelled and surety is discharged. Office is directed to release the surety papers to the surety after proper verification, identification and as per rules.
*Aamir/PS* J U D G E