Liaquat Ali vs The State

MUHAMMAD SALEEM JESSAR, J. Through this criminal appeal, the appellant Liaquat Ali has assailed the judgment dated; 17-11-2021, passed by the learned Court of Additional Sessions Judge, Gambat, District Khairpur, Mirs, in Sessions Case No.671 of 2020, arising out of Crime No.69/2020, registered at PS Sobhodelo, District, Khairpur Mirs, Re-The State v. Liaquat Ali, whereby the appellant was convicted for offence punishable under Section 24 of Sindh Arms Act, 2013 and sentenced him to suffer R.I for two years and to pay fine of Rs.5000/- and in default of payment of fine, the accused shall suffer S.I. for one month more while extending benefit of Section 382-B, Cr.P.C.

2. After arguing the appeal at some length, learned counsel for the appellant submits that this is an off-shoot case of main case i.e Sessions Case No.669 of 2020), Re-The State v. Nazeer alias Leemon and 2 others arising out of Crime No.67/2020, registered at PS Sobhodero, District, Khairpur, Mirs, for the offences punishable under Sections 401, 324, 353, 337-F(ii) of P.P.C., in which the appellant Liaquat Ali has been acquitted of the charge by this Court vide judgment dated; 12.09.2022. He, therefore, submits that in view of his acquittal in main case, he also deserves acquittal from the charges of this case also. In support of his contention he has placed reliance on the case Manjhi v. The State (PLD 1996 Karachi 345).

3. Learned Additional Prosecutor General Sindh appearing for the State after going through paper book submits that there are certain contradictions in the evidence adduced by the prosecution before the learned trial Court, he, therefore, extends his no objection.

4. Heard arguments perused the record. Admittedly instant case is outcome of main Crime No.67/2020, registered at PS Sobhodero, District, Khairpur Mirs, in which, appellant has been acquitted of the charge by this Court vide judgment dated; 12.09.222. The dicta laid down by this Court in the case of Manjhi (Supra) was followed by the learned Bench at Lahore High Court in the case of Yasir Chaudhry v. The State and another (2012 MLD 1315) in following words: "5. In the case reported as Manjhi v. The State (PLD 1996 Kar. 345), it has been held that when the accused has been acquitted in the main case, he would become entitled to acquittal in a case which is offshoot of the said case. Same is the position here, as the present lis is an offshoot of the main murder case. So, respectfully following the dictum laid down in the judgment supra, this petition is allowed and the application of the petitioner under section 249-A, Cr.P.C. is accepted and the petitioner is acquitted of the charge in case H.R. No.17 of 2003 dated 12-1-2003 registered under section 7 of the Surrender of Illicit Arms Act No. XXI of 1991 with Police Station Civil Lines, Bahawalpur. Resultantly, the proceedings before the learned trial Court are quashed."

5. Accordingly and in view of above legal position, instant Jail appeal is hereby allowed.

Consequently, the impugned judgment dated; 17-11-2021, passed by the learned Court of Additional Sessions Judge, Gambat, District Khairpur, Mir's in Sessions Case, registered at PS Sobhodero, District, Khairpur Mirs, Re The State v. Liaquat Ali, for the offence punishable under Section 24 of Sindh Arms Act, 2013 is hereby set aside. Resultantly, the appellant Liaquat Ali son of Ashaq Ali Larik is hereby acquitted of the charge. He is present before this Court on bail, therefore, this bail bond is cancelled and surety furnished by him is also hereby discharged.

6. The above Criminal Appeal stands allowed/disposed of.