' This order will decide Criminal Miscellaneous No.2313/B of 1997 entitled Habib Ullah v. The State; Criminal Miscellaneous No.2001/B of 1997 entitled Muhammad Iqbal v. The State; Criminal Miscellaneous No.1919/B of 1997 entitled Omaid Ali v. The State and Criminal Miscellaneous No.2246/B of 1997 entitled Fayyaz Ahmad v. The State, as common questions of law and fact arise in all these petitions.
2. Bail is sought primarily on the ground that an offence under section 13 of the Arms Ordinance of 1965 is punishable with 2 years' R.I. And is, therefore, boilable.
3. The West Pakistan Arms Ordinance of 1965 (Ordinance. No.XX of 1965) was promulgated by the Governor of West Pakistan on the 8th of June, 1965. Section 13 of the said Ordinance provided for punishment under the Ordinance with rigorous imprisonment for 3 years.
4. Much water has flowed under the bridges since then. The same offence is now punishable with death or imprisonment for life.
5. The punishment of 3 years was enhanced to 7 years by the West Pakistan Arms (Amendment)
Act of 1973, with effect from the 5th of July, 1973.
' Thereafter, Ordinance No.XVI of 1988 entitled the Pakistan Arms (Amendment) Ordinance of 1988 (No.XVI of 1988) provided that the punishment under the Ordinance shall not be less than 3 years and the maximum punishment was enhanced to 14 years.
' Ordinance No.XXXVIII of 1996, entitled Pakistan Arms (Amendment) Ordinance, 1996, an Ordinance further to amend the Pakistan Arms Ordinance, 1965, was published in the Gazette of Pakistan, Extraordinancy, Part I, on the 8th of March, 1996 and inserted a new section 13-A in the West Pakistan Arms Ordinance of 1965 and enhanced the sentence to death or imprisonment for life along with forfeiture of property. The minimum sentence was enhanced from 3 years to 7 years.
' Ordinance No. LXVII of 1996 entitled Pakistan Arms (Second Amendment) Ordinance, 1996 repeated the provisions of the earlier Ordinance.
' Ordinance No.XCVIII of 1996 entitled Pakistan Arms (Third Amendment) Ordinance, 1996, dated the 2nd of November, 1996 again repeated the provisions of the earlier Ordinance.
' Finally, Ordinance No.XLII of 1997 made by the President on the 2nd of March, 1997 once again repeated the provisions of the earlier Ordinance.
6. Thus, today an offence under section 13 of the West Pakistan Arms Ordinance, 1965 as amended from time to time is punishable with death or imprisonment for life along with forfeiture of property whether movable or immovable and the minimum sentence is 7 years. Therefore, an offence under the West Pakistan Arms Ordinance of 1965 as amended from time to time falls within the prohibition contained in subsection (1) of section 497, Cr.P.C. Which provides that:- "497. (1) When any person accused of any non-boilable offence is arrested or detained without warrant by an officer-in-charge of a police station, or appears or is brought before Court, he may be released on bail, but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life or imprisonment for ten years:"
7. There is no merit in this petition which is dismissed.