2020 P Cr (PLP)

AFTAB AHMED GORAR, J.

Appellant Shahid Hussain son of Muhammad Aslam was found in committing cheating and fraud and vide judgment dated 28.02.2015 passed in Case No. 47 of 2009 arising out of Crime No. 11 of 2009 FIA/CBC-II, Karachi registered under sections 420, 468, 471, 477-A and 34, Pakistan Penal Code. Appellant was convicted by the learned Presiding Officer, Special Court (Offences in Banks) Sindh at Karachi as follows:- "Convict him under sections 420, 468 and 471, P.P.C. and sentenced him to suffer seven (07) years R.I. on each count. He shall also pay fine of Rs.600,000/= on each of the count. In case of default of payment of fine he shall suffer further R.I for one year each. He will be entitled to the benefit of section 382-B, Cr.P.C." The sentences as was awarded to the appellant in the impugned judgment were ordered shall run concurrently.

2. The learned trial Court recorded the evidence of PW-1 Qazi Bazlur-Rehman at Ex.5 PW-2 Aamra Khan at Ex.7. PW-3 Muhammad Saleem Qureshi at Ex.8, PW-4 Sana Maseel Khan at Ex.9, PW-5 Asadullah Sheikh at Ex.10. PW-6 Sultan Ahmed at Ex.11, PW-7 Muhammad Mubeen Ahsan at Ex.12, PW-8 Dost Muhammad Faizi at Ex.13, PW-9 Ghazanfar Ali Bhutto at Ex.15; and on the basis of such evidence found the appellant guilty and sentenced appellant as above.

3. At the very out set learned counsel for the appellant before contesting the instant criminal appeal on merits submitted that he does not press the instant appeal in case if while maintaining conviction and sentence awarded to the appellant is reduced to one already undergone as the appellant had remained in jail for couple of years.

4. The learned Assistant Attorney General recorded his no objection to the above proposal.

5. Heard and perused.

6. Accordingly upon bare perusal of the record reflects that as per jail roll received from the Senior Superintendent, Central Prison Karachi dated 24.04.2018 appellant had served out sentence including remissions upto 24-04-2018 three years, one month and twenty seven days, appellant had earned remissions upto 24-04-2018 one year, six months and fifteen days, appellant had served out sentence excluding remissions upto 24-04-2018 four years, eight months and twelve days, simultaneously after 24-04-2018 the period which appellant had remained as inside prisoner has been calculated as appellant had served out total sentence including remissions five years and five months respectively therefore while taking lenient view and following the principles laid down by the Hon'ble apex Court in a case reported as Niazuddin v. The State reported in 2007 SCMR Page 206, the Hon'ble Supreme Court was pleased to reduce the sentence from imprisonment of ten years to six years. In the case of Gul Naseeb v. The State reported in 2008 SCMR page 670, Hon'ble Supreme Court reduced the sentence from imprisonment for life to ten years.

7. In such circumstances, in our opinion the appellant had suffered adequate punishment; and the ends of justice has been satisfied. Accordingly the appeal against conviction is dismissed as not pressed and the sentence awarded to the appellant is altered into imprisonment which appellant had already undergone along with fine. Appellant is directed to be released forthwith if not required in any other case. Appeal stands dismissed with the above modification. SA/S-36/Sindh Sentence reduced.