Law: Criminal Procedure Code (V of 1898)

Section: 497,497(1)

Law: Surrender of Illicit Arms Act, 1991

Section: 7

Criminal Procedure Cede (V of 1898)---- ----5. 497---Surrender of Illicit Arms Act (XXI of 1991), S.7---Bail--­Admittedly no evidence whatsoever had been collected during investigation that the accused was present at the place from where he was arrested for commission of some cognizable offence---Accused was neither a hardened criminal or a desperate person nor he was ever charged for a criminal offence---Section 7 of the Surrender of Illicit Arms Act, 1991 had provided different punishments for keeping illicit arms in possession---Accused having been involved for mere possession of a kalashnikov, his case did not fall within the prohibitory clause of S.497(1), Cr.P.C.---Accused was not required arty more for investigation---Bail was allowed to accused in circumstaem. JUDGMENT SHAH JEHAN KHAN, J.--The petitioner being charged under section 7 of the Surrender of Illicit Arms Act, 1991 vide F.I.R. No.332 of 2001 dated 6-7-2001 registered at Police Station Thall, District Kohat was refused the concession of bail by the forums below, therefore, the instant petition for the said relief. 2. The contents of F.I.R. reveal that the complainant A.S.-I. accompanied by police contingents was on Gasht when he received an information that a suspect armed person is present near the house of Shadi Khan for commission of sore cognizable offence. He alongwith police contingents attracted to the house of Shadi Khan where a person armed with a Kalashnikov No.TK 6776K with a fixed charger containing 30 live rounds was found present. He was disarmed who disclosed his name Wazir Bat Khan who was formally arrested and the instant case was registered against him. 3. We heard the learned counsel for the petitioner and the State Counsel. The bail was refused to the petitioner mainly on the ground that punishment provided for the alleged offence is up to imprisonment for life ' and thus his case was found falling under the prohibitory limb of section 497(1) of the Cr.P.C. .- 4. It is an admitted fact that no evidence whatsoever was collected during investigation that the petitioner was present at the place wherefrom he was arrested for commission of some coginizable offence. It is also an…

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