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
J U D G E
Nasim/P.A