SIRAJ vs The STATE

This criminal revision application challenges an order passed by the Sessions Judge, Malir, Karachi, which disposed of a criminal appeal on the sole ground that the applicant/appellant had already served the sentence awarded by the trial court. The core legal question before the High Court was whether a criminal appeal becomes infructuous or can be summarily disposed of merely because the appellant has completed the sentence imposed by the trial court. The High Court held that the completion of a sentence does not render an appeal infructuous, as an appellant has a legal right to have their conviction reviewed and decided on its merits. Consequently, the Court set aside the impugned order and remanded the matter to the Sessions Judge with directions to decide the appeal afresh on its merits in accordance with the law. The principle established is that an appellate court is legally obligated to adjudicate a criminal appeal on its merits, regardless of whether the appellant has already served the underlying sentence.