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Criminal Miscellaneous No. 254-B of 1983, decided on 23rd February, 1983.
---S.497/498-West Pakistan Arms Ordinance, (XX of 1965), S. 13-Bail-Offence under S. 13 of Arms Ordinance bailable--- Although through West Pakistan Arms (Amendment) Act (LII of 1973) punishment under S. 13, Arms Ordinance has been enhanced from 3 years to 7 years yet the relevant column of 2nd Sched of Criminal Procedure Code as amended by Ordinance IX of 1971 was not amended and as such the "Offences against Other Laws" punishable with three years but not exceeding 7 years are not bailable except offence punishable under S. 13 of Arms Ordinance, 1965.
Malik Muhammad Rafiq Rajwana for Petitioner.
Miss Tasneem Sarwar Chohan for the State.
Syed Murtaza Ali Zaidi : Amicus curiae.
This is an application for bail on behalf of Shafique petitioner in a case under section 13 of the Arms Ordinance, 1965, registered at P. S. Harrappa, vide F. I. R. No. 118, dated 20th June, 1982.
2. The prosecution case is that the petitioner was found in possession of .12 bore pistol without licence.
3. The learned counsel for the petitioner submits that the offence punishable under section 13 of the Arms Ordinance, 1965 is bailable.
3. The learned counsel for the State has, however, opposed the appli cation.
4. I have heard the arguments advanced by the learned counsel for the parties with care. After hearing the learned counsel for the parties, I am inclined to hold that the offence punishable under section 13 of the Arms Ordinance, 1965, is bailable one for the reasons that before pro mulgation of the West Pakistan Arms Ordinance. 1965 according to Second Scheule Act V of 1898 i.e. Code of Criminal Procedure, "Offences against other laws" punishable with 3 years' R. I. were not bailable. In column No. 5 of the Schedule it was expressly stated, "except in cases under Arms Act, 1978, section 19 of which shall be bailable". Unfortunately, on the repeal of the Arms Act, 1878 through West Pakistan Act of 1965 i.e. West Pakistan Arms Ordinance, 1965, column No. 5,of the Second Schedule pertaining to "Offences against other Laws" was not amended, however, in the year, 1971 Second Schedule was amended through Ordinance IX of 1971 i.e. Code of Criminal Procedure Punjab Amendment Ordinance, 1971 and under subsection (3) of section 2 it was stated
"under the heading "Offences against other Laws', against the second entry, in column No. 5, for the words and commas the Arms Act, 1878., section 19', the words and comma 'section 13 of the West Pakistan Arms Ordinance, 1965' shall be substituted "
Although through Act LII of 1973 i.e. West Pakistan Arms "Amend ment Act, 1973", the punishment under section 13 of the Arms Ordinance has been enhanced from 3 years to 7 years, yet the relevant column of the Schedule 2 as amended by Ordinance IX of 1971 was not amended and a se such the legal position is that the "Offences against other Laws" punishable with 3 years, not exceeding 7 years are not bailable except of no punishable under section 13 of the Arms Ordinance, 1965.
5. For what has been stated above, the petitioner is allowed hail in the sum of Rs. 10 000 with one surety in the like amount to the satisfaction of A. C./Duty, Magistrate, Sahiwal.
Bail granted.
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