KURARO JATOI vs THE STATE
This criminal appeal arises out of a conviction and sentence of four years rigorous imprisonment. At the outset of the hearing, the counsel for the appellant stated that the appellant would not press the challenge against the conviction itself, provided that the substantive sentence of imprisonment is reduced to the period already undergone, noting that the appellant had already served over two years and six months in custody. The counsel for the State consented to this modification of the sentence. Considering the submissions and adopting a lenient view, the Sindh High Court reduced the appellant's sentence of imprisonment from four years rigorous imprisonment to the period already undergone. With this modification, the appeal was dismissed as not pressed.
- Can an appellate court reduce a sentence to the period already undergone when the appellant does not press the appeal on merits?
- Whether the court can take a lenient view regarding the reduction of sentence upon the agreement of the parties?
1. ' FAISAL ARAB, J.--- Counsel for the appellant at the very outset states that he will not press the ground for acquittal if the sentence awarded to the appellant is reduced from four years' R.I. To already undergone. He further submits that the appellant has been in custody for more than two years and six months. Counsel for the State also agrees that the appellant is in custody for more than two years and six months.
2. ' Taking a lenient view we reduce the sentence awarded to the appellant from four years' R.I. To one already undergone.
3. ' With this modification in the sentence the appeal is dismissed as not pressed.