IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.
Cr. Jail Appeal No.S-04 of 2022
Appellant : Asghar son of Khalique Dad Thaheem,
through Mr. Mohammad Afzal Jagirani Advocate.
State : Through Mr. Ali Anwar Kandhro, Additional
Prosecutor General.
Date of hearing : 03.08.2023.
Date of Decision : 03.08.2023.
J U D G M E N T.
Amjad Ali Sahito, J.- The instant Criminal Jail Appeal is directed against the judgment dated 12.02.2022, passed by learned VI-Additional Sessions Judge/MCTC, Larkana, in Sessions Case No.355/2018 (Re. The State Vs. Qurban Thaheem & others), emanating from FIR No.27/2018, registered with P.S Allah Abad, Larkana, for offence punishable U/S. 302, 324, 111, 337-H(2), 337-D, 337-F(vi), 148, 149, PPC, whereby the appellant has been convicted and sentenced as under:-
“I also convict the accused Asghar under section 265-H(ii), Cr.P.C. for offence under section 324, PPC, 337-D and sentence him for R.I 10 years and five years for offence under section 337-F(vi), and fine of Rs.200,000/- as compensation to the injured persons and in case of default he shall further undergo 06 months S.I the sentence shall run concurrently. The benefit of section 382-B, Cr.P.C is also sanctioned in favour of the accused persons.”
2. Learned Counsel for the appellant after arguing the matter at some length has stated that the offence pertains to the year 2018 and the appellant has remained in Jail for sufficient period and still is being dragged in the instant case; as such, he does not wish to contest this Criminal Jail Appeal and leaves the appellant at the mercy of the Court, if this Court while maintaining the conviction reduces the sentence to one as already undergone, he would not press the disposal of the instant Criminal Jail Appeal.
3. One the other hand, learned Additional Prosecutor General, Sindh, appearing for the State has opposed the acquittal of the appellant but raised no objection in case a lenient view is taken against the appellant by dismissing the appeal treating his sentence to one as already undergone and to pay the amount of compensation.
4. I have heard the learned Counsel for the appellant, learned Additional P.G. for the State and have gone through the record.
5. It appears from the record that this Criminal Jail Appeal is pending before this Court since 2022 and the offence pertains to the year 2018. The appellant had been attending learned trial Court as well as this Court and has almost completed the substantive sentence, and has learnt the lesson. During pendency of this Criminal Jail Appeal, the Jail Roll of the appellant was called from the concerned jail authorities, which reflects that the appellant has served his sentence excluding remissions for 05 years and 03 days as on 21.07.2023; he has also earned remissions of 05 years, 01 month and 08 days. The appellant has served total sentence of about 11 years and as per the Jail Roll he is running in fine/compensation sentence. Learned Counsel for the appellant submits that fine/compensation amount of Rs.200,000/- imposed by the learned trial Court has been deposited by the appellant today i.e. 03.08.2023 and this fact has been confirmed by the Accountant of this Court. In this view of the matter, there appears no legal impediment in accepting the request of the appellant. Only in order to enable the appellant to reform and rehabilitate himself to rejoin the mainstream of life once again to become a useful member thereof, thus by taking lenient view, the instant Criminal Jail Appeal is dismissed but with modification that the sentence awarded to him is reduced to one as already undergone by him. The amount of fine/compensation deposited by the appellant before the Accountant of this Court shall be paid to injured persons on their appearance before him. Appellant Asghar Thaheem shall be released forthwith, if he is not required to be detained in any other case.
6. Instant Criminal Jail Appeal is disposed of with above modification.
JUDGE
Qazi Tahir PA/*