IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Appeal No.S-78   of 2024

Appellant            :  Meer Muhammad urf Meero Bhangwar,

through Mr Muhammad Afzal Jagirani,

Advocate.

The State            :  through Mr Ali Anwar Kandhro, Additional

Prosecutor General.

Date of hearing    : 12.09.2024.

Date of Order       : 12.09.2024.

J U D G M E N T.

Khadim Hussain Soomro, J.-    Through captioned appeal, appellant Mir Muhammad alias Miru son of Rahzan Bhangwar, has challenged the judgment dated 10.08.2024, passed by learned Additional Sessions Judge, Kashmore, in Sessions Case No.119 of 2024 (Crime No.11/2024 of Police Station Buxapur, under Section 23(1)(a) & 25, Sindh Arms Act, 2013), whereby the appellant was convicted and sentenced to suffer R.I. for 5 years, with fine of Rs.100,000/-, in default to suffer S.I. for one year more. The benefit of Section 382-B, Cr.P.C was extended to the appellant.

2.               The facts of the prosecution case are that on 12.02.2024, HC Ali Mardan was on patrolling duty along with his staff vide entry No.30-0630 hours; when they reached Sharbat Canal/Wah, he received spy information about accused Mir Muhammad alias Miru Bhangwar, who was required in Crime No.10/2024, under sections 397, 398, PPC to be available at Boohani Link road armed with gun. They reached the pointed place and apprehended the appellant. On inquiry, he disclosed his name as above, but he failed to produce the license of the gun recovered from him. Further, he disclosed that he used the same in the above crime. From further search, three live cartridges were also recovered from the pocket of the accused. The property was sealed, and the memo was prepared in the presence of mashirs. Thereafter, they returned to P.S., where an FIR was lodged against him on behalf of the State.

3.               Learned Counsel for the appellant, at the very outset, has stated that the appellant would be satisfied and will not press instant appeal on merits if the sentence awarded to him by the learned trial Court is reduced to imprisonment, which the appellant has already undergone/served.

4.               Learned Additional Prosecutor General concedes to the above request made by learned Counsel for the appellant.

5.               I have perused the impugned judgment and have reviewed the material on the record.

6.               According to the jail roll of the appellant furnished by the jail authorities today, i.e. on 12.09.2024, the appellant has served a total sentence of 07 months, excluding remission, and he has also earned remissions for 01 year, 07 days, thereby the appellant has served out the total sentence for 01 year 07 months and 07 days and the unexpired portion of his sentence as per jail roll is 04 years, 04 months and 23 days. It is noted that this case is an off-shoot of the main case vide Crime No.10/2024, under sections 397, 398, PPC registered at Police Station Buxapur, wherein the appellant was acquitted of the charges by the learned trial Court vide judgment dated 10.08.2024. When the accused is acquitted of the charges in the main case, the mitigating circumstances do exist for considering the request of the appellant for a reduction of the sentence awarded to him by the trial Court.    

7.               Keeping in view the above situation, the appeal filed by the appellant is dismissed as not pressed; however, the sentence awarded to the appellant is modified and reduced to a period already undergone, and the fine amount imposed by the learned trial Court is remitted. The appellant is confined in jail. He shall be released forthwith if not required to be detained in any other case. 

Judge

M Yousuf P/**