JUDGMENT SHEET

 

IN THE HIGH COURT OF SINDH, CIRCUIT COURT HYDERABAD

 

Criminal Appeal No.S-263 of 2011

 

                                     

Date of hearing:             25.02.2013.

 

Date of decision             25.02.2013

 

Appellant              :         Suleman and Muhammad Nawaz through Syed                               Tarique Ahmed Advocate advocate.

 

Respondent          :                   The State through Mr. Syed Meeral Shah                                         Deputy Prosecutor General Sindh

         

                                      J U D G M E N T.

 

 

AFTAB AHMED GORAR,J-     The appellants were tried by the learned Ist Additional Sessions Judge Badin and were convicted u/s 459, 34 PPC to suffer R.I. for 10 years and to pay fine of Rs.100,0000/- each and in default thereof to suffer R.I. for six months more.

2.                Learned counsel for the appellants after arguing the matter at some length submitted that he will be satisfied and will not press this appeal if the conviction of the appellants is maintained and their sentence is reduced to one already undergone by them.

 

3.                The learned State counsel extended his no objection to the above proposition.

 

4.                I have examined the case record and of the view that the conviction of the appellants is based on sound reasons. From the perusal of the record, it reflects that the appellants have served their substantial sentence for about 1 ½ year without remission. According to learned counsel, both the appellants are the lone bread earner of their respective families and they have repented themselves from such type of offence. Learned D.P.G in view of the such contention has conceded the proposal of the learned counsel for the appellant.

5.       In view of the above, the appeal is dismissed. The conviction of the appellants is maintained, however, their sentence is reduced from 10 years and fine of Rs.100,000/- each to one already undergone by them. They are directed to be released forthwith if not required in any other case.

          The appeal stands disposed of alongwith pending application being MA 622/2011.

                                     

                                                                                      JUDGE

 

A.K