ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Jail Appeal No. D – 96 of 2018

Appellant Ashraf @ Ashoo : In Person (Produced in Custody)

State : Through Abdul Rehman Kolachi,

Deputy Prosecutor General

Date of hearing : 21.07.2020

Date of order : 21.07.2020

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O R D E R

Adnan-ul-Karim Memon, J: Through aforesaid Crl. Jail Appeal, appellant Ashraf alias Ashoo S/o Ghulam Yaseen Channo has challenged his conviction and sentence awarded to him vide judgment dated 30.08.2018, delivered by learned 1-Additional Sessions Judge/Special Judge (CNS), Sukkur in Special Case No.78 of 2017, arising out of crime No.88/2017 Police Station, Pano Akil whereby he was convicted for offence u/s 9(c) of Control of Narcotics Substance Act, 1997 and sentenced to suffer R.I for a term of five years and to pay fine of Rs.1000/- as a fine. In case of default thereof to suffer S.I for 15 days more, however benefit of Section 382-B Cr.P.C was extended to him.

2. On 16.07.2020, when this matter was fixed before the Court then this case was adjourned by issuing P.O for the Appellant. In compliance of earlier order, the concerned jail authorities have produced the appellant in custody. The appellant, produced in custody, very outset submits that he is first offender and sole bread winner of his family and his family has already faced hardship due to his confinement in jail; that the appellant has shown repentance that he will not repeat the offence in future hence he may be given a chance in his life to rehabilitate himself. He lastly contended that he will not press instant appeal on merits if, his sentence is reduced to that of already undergone by him. At this stage, learned Deputy Prosecutor General pointed out that under similar circumstances, the Hon’ble Supreme Court has already taken the view in the case of ‘State through Deputy Director (Law), Regional Directorate, Anti-Narcotics Force v. Mujahid Naseem Lodhi’ (PLD 2017 SC 671). He also conceded to the reduction of sentence of the appellant, however, after going through the record, he submitted that neither the appellant is previous convict nor involved in any other case of similar nature.

4. Heard appellant, who is present in Court and learned Deputy Prosecutor General and perused the record. The perusal of record reflects that the appellant has served out sentence of 02 years 11 months and 01 day and he has earned remission of 01 year 03 months and 01 day. Naturally, the family of appellant has faced hardship due to his confinement in jail for aforesaid period therefore, keeping in view the above circumstances and while following the case of State through Deputy Director (Law), Regional Directorate, Anti-Narcotics Force (supra), we dismiss instant appeal on merits, however alter/modify sentence awarded to the appellant by learned trial Court into imprisonment which the appellant has already undergone, however the fine imposed by learned trial Court under the impugned judgment is maintained. Appellant Ashraf alias Ashoo S/o Ghulam Yaseen Channo is in jail. He is directed to be released forthwith if not required in any other custody case subject to his depositing of fine.

J U D G E

J U D G E