Rashid Aziz Khan, J.- A case under sections 13/20/65 stands registered against the petitioner Mehmood Ahmad alias Mand with Police Station Civil Lines, Lahore, vide FIR dated 4.5.1989. The allegations against the petitioner as contained in the FIR lodged by Muhammad Feroze, SI, are that on 4.5.1989 he was present near Regal Cinema when he received secret information that a person present near the Cinema wrapped in a Chaddar was carrying unlicenced arms. In pursuance of the said information, a raiding party was constituted and the petitioner was arrested on 4.5.1989 while he was in possession of a 30 bore stain-gun which was not loaded.
It is contended by learned counsel for the petitioner that the petitioner is in jail eversince his arrest and is not required for investigation anymore. Submits that the police registered a case under section 13/20/65-B (b) of the Arms Ordinance. Submits that clause (b) to section 13 of the Ordinance was incorporated by means of an Ordinance but the same Ordinance has not been placed before the Assembly for making an Act, therefore, after the expiry of four months it has ceased to exist. Learned counsel for the State has conceded to the proposition.
2. I have heard the learned counsel and perused the record. The petitioner is not required by the investigating agency anymore. The stain-gun recovered at the instance of the petitioner admittedly was empty. In these circumstances, coupled with the fact that if the Ordinance was not placed before the Assembly, the offence would be section 13 of the Arms Orinance alone which is bailable. Therefore, the petitioner is allowed bail in the sum of Rs. 10,000/- with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate concerned.