IN THE HIGH COURT OF SINDH, KARACHI

Cr. Appeal No. 200 of 2016

Muhammad Muqeem...…….………………………………………....Appellant

Versus

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

Mr. Habib-ur-Rehman Jiskani, advocate for appellant

Mr. Talib Ali Memon, APG for State

Date of hearing: 24.09.2018.

Date of Judgment: 24.09.2018.

J U D G M E N T

Fahim Ahmed Siddiqui, J- The appellant through the instant criminal appeal has challenged the impugned judgment dated 04-03-2016 pronounced by Additional Sessions Judge-V, Karachi East in S.C. Case No. 82/2015, whereby the appellant was convicted and sentenced under Section 23(1)(A) Sindh Arms Act (FIR No. 170/2014 of PS Khokhrapar) for imprisonment of three years R. I and fine of Rs. 5000/- with benefit of Section 382-B CrPC.

2. The factual matrix of the case if that on the day of incident, he was arrested while armed with a pistol. On enquiry, he could not produce the license of the pistol recovered from his possession, as such he was booked in the instant case.

3. Since the appellant was also convicted for another offence under Section 397 PPC in which he has to serve sentence for seven years and both the sentences were required to run concurrently. The sentence of the appellant in Sessions Case No. 218/2015 awarded by Additional Sessions Judge-V, Karachi East (Criminal Appeal No. 199/2016) has been reduced as the sentence already undergone by this Court. The appellant is continuously in jail since his date of initial arrest and as per Jail Roll, the appellant has already served out the sentence, as such the learned counsel for the appellant submits that the case against the appellant may be disposed of by declaring the same as served out.

4. In the existing position of affairs, the appellant is declared as already served out his sentence in the aforesaid Sessions Case, as such the instant appeal becomes infructuous and dismissed.

J U D G E