Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Surrender of Illicit Arms Act, 1991

Section: 7

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Surrender of Illicit Arms Act (XXI of 1991), S.7---Bail--¬Nothing was available on record showing previous conviction of the accused or any other antecedents calling for ~ the award of maximum punishment---Case of accused, therefore, could not be held to be one falling within the ambit of the prohibitory clause of S.497(1), Cr.P.C., because according to the Statute itself the quantum of imprisonment was to be regulated by the antecedents of the accused---Court while considering the bail application was not supposed to keep in view the maximum punishment provided by law but the one likely to be entailed by the facts and circumstances of the case---Bail was allowed to accused in circumstances. (b) Criminal Procedure Code (V of 1898)--- ---S. 497---Bail---Principle---While considering an application for bail, the Courts are not supposed to keep in view the maximum sentence provided by the relevant law but the one likely to be entailed by the facts and circumstances of the case.  JUDGMENT The petitioner herein who is charged in a case registered against him under section 7 of the Surrender of Illicit Arms Act, 1991, vide F.I.R. No.333, dated 6-7-2001, Police Station Thall, District Kohat, when failed to get the concession of bail from the Courts below moved this Court for his being released on bail. 2. The only point urged by the learned counsel for the petitioner at the Bar is that though the offence the petitioner is charged with is punishable with imprisonment for a term which may extend to 14 years but while awarding punishment of imprisonment regard is to be had to the antecedents of the accused; and that in the absence of any material on the record suggesting previous conviction or any other antecedents calling for the award of extreme penalty…

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