IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Spl. Crl. Jail Appeal No. D – 09 of 2022

Before;

Mr. Justice Zafar Ahmed Rajput,

Mr. Justice Irshad Ali Shah

Appellant: Mashooq Ali son of Zawar Haji Othi

(Now confined in Central Prison Khairpur)

Through Mr. Mehfooz Ahmed Awan, Advocate.

The State: Through Mr. Syed Sardar Ali Shah, A.P.G.

Date of hearing: 24-01-2023.

Date of decision: 24-01-2023.

JUDGMENT

IRSHAD ALI SHAH, J. It is the case of prosecution that on arrest from the appellant was secured 1120 grams of charas by Police party of PS Sobhodero, for that he was booked and reported upon. On conclusion of trial, he was convicted u/s 9 (C) of CNS Act, 1997 and sentenced to undergo Rigorous Imprisonment for 04 years and 06 months with fine of Rs. 20,000/- and in default whereof to undergo Simple Imprisonment for 05 months with benefit of section 382-B Cr.P.C, by learned Ist Additional Sessions Judge/MCTC-I/ Special Judge (CNS), Khairpur vide judgment dated 01-02-2022, which is impugned by the appellant before this Court by way of instant Crl. Jail Appeal.

2. At the very outset, it is stated by learned counsel for the appellant that he would not press the disposal of instant Crl. Jail Appeal on merits, provided the sentence awarded to the appellant is reduced to one which has already undergone, which is not opposed by learned Additional Prosecutor General, Sindh.

3. Heard arguments, perused the record.

4. The appellant is old and infirm person of 75 years of the age and by not pressing disposal of his appeal on merits has shown remorse. By considering these factors as mitigating circumstances, the sentence awarded to the appellant for the said offence is reduced to Rigorous Imprisonment for 03 years with fine of Rs.10,000/- and in default whereof, to undergo simple imprisonment for one month with benefit of section 382-B Cr.P.C.

5. Subject to above modification, the instant Crl. Jail Appeal is disposed of.

J U D G E

Nasim/P.A