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Criminal Revision Application No.54 and M.As. Nos.1762 and 1763 of 2013, decided on 29th October, 2014.
----S. 13---Possession of illegal weapons---Appeal, disposal of---Disposal of appeal on merits only---Trial Court convicted and sentenced accused under S.13 of Pakistan Arms Ordinance, 1965---Sessions Court (First Appellate Court) disposed of appeal filed by accused against his conviction and sentence for the reason that it had become infructuous as accused had already served out the sentence awarded to him by the Trial Court---Legality---Even after an accused had served out his sentence, appeal could not be disposed of on such ground, and same should have been proceeded and decided on merits---Impugned order of Sessions Court was set aside and case was remanded to the Sessions Court to be decided afresh on merits in accordance with law---Application was disposed of accordingly. Applicant Siraj produced in custody by Jail Authorities. Muhammad Iqbal Awan, APG for the State.
Applicant has been produced from Jail as he is detained in some other case. As observed in order dated 22-10-2014 this revision was filed against the order dated 20-9-2012 passed by learned Sessions Judge, Malir Karachi in Criminal Appeal No.3 of 2012. The appeal was disposed of by the learned Sessions Judge for the reason that applicant/appellant in that case already served out the sentence awarded to him by the trial Court. In my humble opinion even after serving the sentence appeal cannot be disposed of on this ground, it should have been proceeded and decided on merits. Learned Assistant Prosecutor-General also submits that learned Sessions Judge should have proceeded with the appeal on merits. Accordingly order impugned is set aside. Case is remanded back to the learned Sessions Judge, Malir, Karachi to decide Criminal Appeal No.3 of 2012 afresh on merits in accordance with law. This Revision Application stands disposed of. MWA/S-98/Sindh Order accordingly.
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