IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Crl.  Jail Appeal  No.S-28    of   2020

Appellant                :  Shah Mohammad alias Shahan Wako, through

Mr. Imdad Ali Tunio Advocte.

Respondent              :  The State, through Mr. Ali Anwar Kandhro, 

Additional Prosecutor General.

Date of hearing                  : 03.07.2023.

Date of Judgment              : 03.07.2023.

J U D G M E N T.

AMJAD ALI SAHITO, J.- This judgment carries disposal of the captioned Criminal Jail Appeal preferred by the appellant/accused Shah Mohammad alias Shahan Wako assailing the judgment dated 25.02.2020 passed by learned Additional Sessions Judge-I/MCTC, Dadu in Sessions Case No.212/2018 (Re-State v. Shah Mohammad @ Shahan Wako) emanating from FIR bearing Crime No.139/2018 of Police Station Mehar, District Dadu, for offence u/s 25 of Sindh Arms Act, 2013, whereby the appellant has been convicted for offence u/s 25 of Sindh Arms Act, 2013 and sentenced to suffer R.I. for five years and to pay fine of Rs.50,000/-; in default thereof to suffer S.I. for three months more.

2.         So far the conviction and sentence awarded to the appellant is concerned, the learned Counsel appearing for him, at the very outset stated that since he has been acquitted of the charge of main murder case based on Crime No.136/2018 of P.S. Mehar, U/S. 302, 337-H(2), 337-L(2), 504, 148, 149, PPC, therefore, he would not press the disposal of instant Jail Appeal on merits, if the sentence of the appellant is treated reduced to the period, which he has served till date.

3.         The jail roll of appellant Shah Mohammad alias Shahan furnished by the Senior Superintendent/Officer Incharge, Central Prison & Correctional Facility, Hyderabad, has been perused, which reveals that he has served the sentence of 04 years, 05 months and 07 days as on 03.07.2023 coupled with the remissions of 09 years and 16 days awarded to him, whereby the sentence awarded to him in the instant offshoot case stands already served by him.  Learned Addl. P.G. has no recorded no objection to the above request made by learned Counsel for the appellant.

4.         Accordingly, the conviction awarded to appellant Shah Mohammad alias Shahan Wako by the learned trial Court for the recovery of unlicensed pistol on his pointation, is maintained; however, the sentence awarded to him vide impugned judgment dated 25.02.2020 is treated as already undergone by him. Appellant Shah Mohammad alias Shahan Wako, who is in custody, shall be released forthwith, if he is not required to be detained in any other case.  

                                                                                                                        JUDGE