IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Appeal No. S-46 of 2022

Appellant	Hameedullah s/o Ghaibi Khan Rind
	Through Mr. Muhammad Afzal Jagirani, advocate
State	Through Mr. Aitbar Ali Bullo, D.P.G for the State
Date of hearing	27-04-2023
Date of order	27-04-2023

J U D G M E N T

Zulfiqar Ali Sangi, J. Through instant criminal appeal, appellant Hameedullah s/o Ghaibi Khan Rind has assailed the Judgment dated 31.08.2022, passed by the learned Additional Sessions Judge-II, Jacobabad in Sessions Case No. 152/2022, (re: The State V/S Hameedulalh Rind), being outcome of Crime No.41/2022 of P.S. City Jacobabad, for the offence U/S 23(1)(A) and 25 of Sindh Arms Act, 2013, whereby the learned trial court has convicted the appellant for offence u/s 25 of Sindh Arms Act, 2013 and sentenced  to suffer R.I for five years with fine of Rs.50,000/-. In case of non-payment of fine amount, accused shall further undergo S.I for six months more. Accused was given benefit of Section 382-B Cr.P.C for the period, he remained as under trial prisoner.

2. At the very outset, it is contended by learned counsel for the appellant that as per instructions he would not press the disposal of instant criminal appeal on merits if the conviction and sentence awarded to the appellant are modified to one as already undergone by him including fine.

3. Learned D.P.G. has also conceded such proposition.

4. Heard arguments of learned counsel for the parties and perused the material available on the record.

5. It is case of prosecution that the complainant arrested the appellant along with other accused Hazar Khan on spot and recovered one unlicensed T.T pistol along with magazine containing 05 live bullets. He also recovered robbed cash amount Rs.11,50,000/-, one Samsung Mobile phone from accused Hameedullah. It appears from the evidence that the appellant was arrested on 28.03.2022 and recovery was effected which was proved by the prosecution by producing the reliable trustworthy and confidence inspiring evidence. The learned trial Court after concluding trial, awarded sentence of five years and fine of Rs.50,000/= vide judgment dated 31.08.2022. The appellant remained in jail from the date of his arrest.

6. Since, the appellant has not contested the appeal on merits and his conviction and sentence awarded require to be modified leniently for the reasons that the appellant has no past criminal antecedent, as such he is capable of reformation. By not pressing his appeal on merits, he has shown his genuine repentance to his guilt, therefore, the conviction and sentence awarded to the appellant by way of impugned judgment are modified with one as already undergone by him including the fine amount. The appellant is in custody, he shall be released forthwith, if not required in any custody case.

7. The order passed by the trial court U/S 517 Cr.P.C, shall remain intact.

8. The instant Criminal Appeal is disposed of with above modification. 

Judge

Abdul Salam/P.A