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K.L.R. 1993 Criminal Cases 235

MUKHTAR AHMAD Alias AZHAR IQBAL vs THE STATE

CitationK.L.R. 1993 Criminal Cases 235
CourtLahore High Court
Case No.Criminal Misc. No. 5419/B of 1992
Date1993-02-15
Judge(s)Muhammad Zubair
ResultN/A

S. M. ZUBAIR, J.- The petitioner who is involved in a case under section 7 of Ordinance XX of 1991 and section 13 of Ordinance XX of 1965, arising out of FIR No. 200, dated 26-8-1992, registered at Police Station Gogera, District Okara, seeks to be admitted to bail.

2. As per F.I.R., a pistol 30 bore is alleged to have been recovered from his possession for which he has no licence.

3. , Learned counsel for the petitioner contended that the law under which the petitioner has been challaned is not on the statute book. The only law applicable to the facts of case is Arms Ordinance, 1965; hence the offence for. Which the petitioner has been charged does not fall within the prohibitory clause. Over and above this, the petitioner is behind the bars since 26-8-1992, without any progress in the trial.

4. Learned Law Officer who has appeared on Court's call, has conceded this fact that Ordinance XXI of 1991 is a dormant piece of legislation and is not on the statute book. This stale was for a limited purpose and after that purpose was achieved, the petitioner should have been challaned under section 13 of Arms Ordinance, 1965.

5. After hearing the learned counsel for the parties k find that the offence for which the petitioner is charged does not fall within the prohibitory clause. The petitioner is behind the bars since 26-8- 1992, without any progress in the trial; hence the petitioner is admitted to bail in the sum of Rs.

30,000/- (thirty thousand only) with one surety in the like amount to the satisfaction of the A.C.

Okara.

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