IN THE HIGH COURT OF SINDH, KARACHI

Criminal Jail Appeal No. 05 of 2017

Muhammad Kashif…….…...……………………..……………….….Appellant

Versus

The State…………..…………………………..…………………....Respondent

Date of Hearing:- 17.11.2017

Appellant in person

Mr. Muntazir Mehdi, DPG for the State

J U D G M E N T

FAHIM AHMED SIDDIQUI, J: The appellant is produced in custody by the jail authorities and he was heard.

2. The case against the appellant is that he was found in possession of 30 bore pistol alongwith magazine containing 05 live bullets.

3. The appellant states that he has been acquitted in the companion case registered vide FIR No.111/2015 under Section 392, 353, 324, 34 PPC at PS Gulbehar and now there remains the instant case. He also pleaded his innocence.

4. Learned DPG submits that the appellant is involved in other cases and sentence awarded to him by learned trial Court is correct. He opposed the instsant criminal appeal.

5. I have heard the arguments and gone through the available record. In the instant case, the appellant has been convicted and awarded sentence of RI for 05 years as well as fine of Rs.10,000/-, in default whereof he has to serve SI for 02 months more.

6. I have gone through the depositions and it appears that the witnesses are firm and there was no major contradiction in their instance taken before learned trial court. However, the appellant present in court is a young man and considering the offence specially when the appellant has been acquitted in the companion case, I consider that quantum of sentence is excessive. Therefore, while dismissing the instant appeal, I reduce the sentence as already undergone including the sentence in lieu of fine. The appellant is produced by jail authorities. He is remanded back to jail with direction to concerned Jail Superintendent to release the appellant forthwith if he is no more required in any other custody case.

J U D G E