IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Before:

 

Mr. JusticeZulfiqar Ali Sangi

 

Cr:Jail Appeal No. S-281 of 2019

 

1.   SanaullahS/O Khan Muhammad Pathan

2.   Moosa Jan S/O Yar Muhammad Pathan

3.   Ishaque S/O Yar Muhammad Pathan                                                                                                         :Mr. Jai Kumar Lund

Appellants through                                              Advocate.

 

                  

The State, respondent                       :Mr. Imran Mubeen Khan,                                                                Assistant Prosecutor General.

 

Date of Hearing                                 :         13-01-2020

Date of Judgment                              :         17-01-2020

 

J U D G M E N T

ZULFIQAR ALI SANGI---J., This judgment will dispose of Criminal Appeal No. S- 281 of 2019, arising out of Judgment dated: 04.11.2019. The appellants wereconvicted by the learned IIIrd Additional Sessions Judge, MirpurMathelo in Sessions Case No. 01of 2019, Crime No. 04of 2019registered at PS Khambra District, Ghotki under Sections 14 of Foreigner Act; whereby appellantswere sentenced to undergo for 06 months R.I each and a fine of Rs: 5000/= each. In case, in default, in payment thereof, the appellants shall suffer five days SI each more, appellants were also extended the benefit of section 382-B Cr.P.C.

 

2.      Brief facts leading to the prosecution case as per Judgment of the trial court are that on 20-1-2019, at about 1530 hours, ASI Hazar Khan Bhutto Lodged the FIR on behalf of the state on the charge of Foreigners Act as the appellantswere Afghani Pathans and resident of Afghanistan and they have stayed in Pakistan illegally. Appellants were arrested along with other accused and were brought at Police station where the case was registered against them. After completing the investigation challan was submitted before the court having jurisdiction.

 

3.      The record shows that police papers were supplied to the accused and Charge was framed against the above named accused to which theypleaded not guilty and claimed to be tried.

 

6.      At the outset, learned counsel for the appellants in the face of overwhelming evidence against them and under the instructions of his client/appellants has not pressed the instant appeal on merit but has requested for a reduction in sentence on the ground that the appellants are the only male members of a large family of which they are the main breadwinner, and are not a previous convicts and are capable of reformation.

 

7.      Learned, Assistant Prosecutor General appearing for the State has no objection to a reduction in sentence to some reasonable extent taking into account the above mitigating circumstances.

 

8.      I have heard the arguments of learned counsel for the parties and have perused the material available on record.

 

9.      The record reflects that all the prosecution witnesses supported the case of the prosecution, arrest of appellants at spot and recovery of one Domicile of Afghanistan from the appellant Moosa Jan.The record further revealed that co-accused namely, Muhammad Ibraheem, Sakhi Jan, Naeem @ Saleh Muhammad who were arrested along with appellants had pleaded their guilt and convicted by the trial court on 27-07-2019.Because of the above, I am satisfied that the prosecution has proved its case against the appellants beyond a reasonable doubt.

 

 

10.    The Jail Roll dated 13.01.2020 reflects that the appellants have served the sentence for Three (03) months and eight (08) days up to 13.01.2020, without remissions and the sentence of appellant is still to be served is two months and twenty-seven days, therefore, in my humble view it would serve both the purposes of deterrence and reformation, if the sentence, awarded to appellants, is reduced to one already undergone by them. Accordingly, the sentence of the appellants is altered/reduced toa periodwhich they have already undergone, which includes the period they were to undergo in place of the fine.

11.    The appellants are in jail they shall be released forth with if they not required in any other custody case.

 

 

12.    The instant appeal is disposed of in the above terms.

 

       JUDGE

                                                                   JUDGE