THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.S-44 of 2019

Appellant:                     Ahmed Ali alias Muhammad Ali Mugheri through Mr. Safdar Ali Ghouri, Advocate.

Respondent:                  The State,   through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

Date of hearing:            11.11.2022.

Date of Judgment:        11.11.2022.

J U D G M E N T

AMJAD ALI SAHITO, J-. Through this Criminal Appeal, the appellant has challenged Judgment dated 09.07.2019, passed by learned Additional Sessions Judge-V, Larkana in Sessions Case No.481 of 2018, Crime No. 29/2018 registered at P.S. Civil Lines, Larkana for the offence under section 221, 223, 225, 120-B, 337-J, P.P.C, whereby the appellant was convicted and sentenced for the offence under section 337-J P.P.C to suffer R.I for three years; for offence under section 120-B P.P.C to suffer R.I for six months; and, for offence under section 225 P.P.C to suffer R.I for two years; all the sentences were ordered to run concurrently. The benefit of Section 382-C Cr.P.C was also extended to the appellant.

2.     Learned counsel at the very outset has stated that the appellant is the only bread earner of his family and 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 Appeal and leave himself at the mercy of the Court.  He states that if this Court while maintaining the conviction reduces the sentence to one he has already undergone, he would not press the Criminal Appeal.

3.      On the other hand, learned Deputy Prosecutor General, Sindh concedes that the appellant has remained behind the bars for sufficient period and has learnt the lesson; therefore, he has no objection if a lenient view is taken against him by dismissing the instant Criminal Appeal and treating the sentence to one as already undergone.

4.      I have heard the learned counsel for the appellant, learned Deputy Prosecutor General and have gone through the material available on record.  The witnesses have supported each other on all salient features of the case and there appears to be no worthwhile contradictions.  The offence pertains to year 2018. The appellant is sole bread earner of his family and has remained in jail and learnt the lesson as he has undergone sufficient period of his sentence.  The punishment provided for the same is upto five years; therefore, there is no legal impediment in accepting the request of the appellant.

5.      Only in order to enable the appellant to reform and rehabilitate himself to rejoin the mainstream life to once again become a useful member thereof, by taking leniency, instant Criminal Appeal is dismissed, but with the reduction of his sentence to one as already undergone by the appellant. Appellant is present on bail, bail bond is cancelled and surety is discharged. Office is directed to return the surety papers to the Surety after proper verification and identification as per rules.

6.      Instant Criminal Appeal is dismissed with the above modification.

J U D G E

Manzoor