KHALIL-UR-REHMAN, J.--The petitioner is involved in a case under Section 13-B of Arms Ordinance XX of 1965. The allegation is that the police party recovered an automatic. 32 pistol from the petitioner. No one from the public was joined to witness the recovery .The Judge Special Court has refused bail on the ground that since 1976 petitioner is involved in different criminal cases and that if he is released on bail he might commit some other evidence as well.
2. The concession of bail cannot be denied as a measure of punishment. No doubt seven cases were registered against the petitioner since 1976 but in none of these cases the prosecution has been able to obtain conviction. Moreover the question whether the offence falls under Section 13-B of the Arms Ordinance also requires to be gone into. In these circumstances the concession of bail cannot be denied to the petitioner. He is directed to be released on bail on his furnishing bail bond in the sum of Rs,10,000.00 (Rupees ten thousand) with one surety in the like amount to the satisfaction of the Assistant Commissioner, Lahore Cantt.
3. The Assistant Commissioner, Lahore Cantt. Is directed to submit a report within ten days as to the position of case F.I.R.No. 113/76 under Section 457 PPC pending before the Ilaqa Magistrate, Police Station Burki, (2) F.I.R. No; | 101/82 under Section 13/20/65 Arms Ordinance, Ilaqa Magistrate Police Station North Cantt, Lahore, (3) case F.I.R. No.207/87 under Section 379 PPC, Ilaqa Magistrate, Police Station Burki, (4) case F.I.R. No.91/90 under Section 379 PPC, Ilaqa Magistrate, Police Station Burki and also the cause of delay in the disposal of these cases. He will further instruct the Ilaqa Magistrates concerned to dispose of these cases within three months. The monthly progress report will also be sent to this Court.
4. The Assistant Commissioner, Saddar Sheikhupura, will also be directed to report the cause of delay within ten days in the disposal of case F.I.R. No. 135/84 under Section 13/20/65 Arms Ordinance, Ilaqa Magistrate, Police Station Manawala, case F.I.R. No.136/84 dated 17.6.1984 under Section 411 PPC, Ilaqa Magistrate, Police Station Manawala, case F.I.R. No.125/84 dated 16.6.1984 under Section 411 PPC, Ilaqa Magistrate, Police Station Manawala. He will also ~ direct the concerned Magistrate to dispose of these cases within three months. Monthly progress report of these cases will also be sent to this Court.
With the aforesaid directions this petition stands disposed of.