IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Appeal No.S-79   of 2024

Appellant            :  Atta Muhammad alias Attu Sabzoi,

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 the captioned appeal, appellant Atta Muhammad alias Atu, son of Nabi Bakhsh Sabzoi, has challenged the judgment dated 10.08.2024, passed by learned Additional Sessions Judge, Kashmore, in Sessions Case No.118 of 2024, (Crime No.12/2024) 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 Muhammad Rasheed was on patrolling duty along with his staff vide entry No.08-0900 hours; when they reached Rano, he received spy information about accused Atta Muhammad alias Attu, who was required in Crime No.10/2024, under sections 397, 398, PPC to be available at Bridge of Misri Khan Suhiriyani. They reached the said place and apprehended the accused. On inquiry, he disclosed his name as above. From his personal search, one unlicensed T.T. pistol with a magazine and three live bullets were recovered from the fold of his shalwar; for the weapon, he disclosed that the same was used by him in the above crime. The property was sealed, and a 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 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. 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/**