IN THE HIGH COURT OF SINDH AT KARACHI

Special Criminal A.T. Appeal No.12 of 2012

 

        Mr. Justice Naimatullah Phulpoto

    Mr. Justice Rasheed Ahmed Soomro

                                      

 

Appellant                              :   Junaid Waheed son of Muhammad Waheed

 

Respondent                           :  The State through Mr. Muhammad Iqbal Awan, DPG.

 

Date of Hearing                    :   18.08.2017

 

Date of announcement       :     18.08.2017                                         

 

 

J U D G M E N T

 

Appellant Junaid Waheed was tried by learned Judge Anti-Terrorism Court No.II, Karachi in Special Cases Nos.58 and 59 of 2011 by judgment dated 24th March, 2012. Appellant Junaid Waheed was convicted 7(h) of the Anti-Terrorism Act, 1997 and sentenced to five years R.I. and under section 13(d) 03 years R.I. The trial Court looking to the financial position of the accused, did not impose fine upon the appellant accused and extended benefit of section 382-B Cr.P.C. to him. Appellant filed the appeal against his conviction and sentence.

 

2.       Facts of this case as well as evidence finds an elaborate mention in the judgment of trail court. Hence, there is no need to repeat the same.   

 

3.       During pendency of appeal jail roll was called. Jail roll dated 16.08.2017 is received from Senior Superintendent Central Prison, Karachi which reflects that appellant Junaid Waheed was convicted in Special Case Nos.58 and 59 of 2011 in Crime Nos.172 and 173 of 2011 registered at Police Station Mithadar for offences under section 386/34 PPC read with section 7 ATA, 1997 and 13(d) Arms Ordinance and was admitted in Central Prison after his conviction on 04.07.2011. Appellant in question has been released from the Central Prison on 01.07.2015 by Superintendent Central Prison, Karachi on expiry of sentence on remission system. After release of the appellant on 1.07.2015 he never appeared before this Court to contest his appeal on merits. Intimation notice for today’s date of hearing was issued to Mr. Abdul Rasheed Pirzada counsel for the appellant as reflected in the cause list but none appeared. With the assistance of learned DPG we have perused the prosecution evidence as well as judgment of the trial Court recorded on 24th March, 2012. The trial Court for the sound reasons convicted and sentenced the appellants as stated above and took lenient view, fine was not imposed upon him. In such circumstances, we have no hesitation to hold that conviction and sentence recorded by the trial Court require no interference by this Court. Since appellant has been released from jail on the expiry of his sentence on the remission basis. Therefore, in the above circumstances the appeal is dismissed.

   

 

J U D G E

 

J U D G E

Farooq/*