' 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 provided by the Statute, the petitioner cannot be sentenced to imprisonment as stated above.
3. The learned State Counsel while controverting the submissions made by the learned counsel for the petitioner, contended that once a dead line was announced and fixed by the Government for the surrender of illicit arms and the same was not responded to, the petitioner does not deserve to be released on bail.
4. I have heard the learned counsel for the parties pro and contra and perused the record. Since there is absolutely nothing on the record showing previous conviction of the petitioner or any other antecedents calling for the award of maximum punishment, I think, the case of the petitioner cannot be held to be the one falling within the ambit of prohibitory clause of section 497, Cr.P.C.
Because the Statute itself provides that the quantum of imprisonment is to be regulated by the antecedents of the accused. Apart from this, 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.
5. For the foregoing reasons, this petition for bail is allowed and the petitioner is directed to be released on bail, provided, he furnishes bail bond in the sum of Rs,2,00,000 (Rs, two lacs) with two sureties each in the like amount to the satisfaction of the Illaqa Judicial Magistrate who is to ensure that the sureties are local, reliable and men of means.