GHULAM YASIN vs THE STATE
The petitioner Ghulam Yasin sought post-arrest bail in case FIR No. 22 registered on 21.1.2001 at Police Station Alpa, Multan, for an offence under section 13 of the Arms Ordinance, 1965. The core legal question concerned the bailable nature of the offence following the repeal of the Suppression of Terrorist Activities (Special Courts) Act, 1975. The Lahore High Court held that upon the repeal of the 1975 Act, the non-bailable character of the offence disappeared, and according to the Schedule appended to the Code of Criminal Procedure, an offence under section 13 of the Arms Ordinance, 1965 is bailable. The petition was consequently allowed, and the petitioner was admitted to bail subject to furnishing the requisite security. The key principle laid down is that the repeal of special legislation altering the categorization of an offence restores its original bailable status under the general criminal procedure law.
- Whether an offence under section 13 of the Arms Ordinance, 1965 is bailable after the repeal of the Suppression of Terrorist Activities (Special Courts) Act, 1975?
- Does the repeal of special legislation remove the non-bailable character of an offence and restore its classification under the Schedule appended to the Code of Criminal Procedure?
- Section 13, Arms Ordinance 1965
- Suppression of Terrorist Activities (Special Courts) Act 1975
- Code of Criminal Procedure 1898
ORDER ASIF SAEED KHAN KHOSA, J.- Through this petition Ghulam Yasin petitioner has sought post--arrest bail in case FIR No. 22 registered at Police Station Alpa, Multan on 21.1.2001 for an offence under section 13 of the Arms Ordinance, 1965.
2. It is not disputed that after repeal of the Suppression of Terrorist Activities (Special Courts). Act, 1975 the present base had already been transferred to the Court of a Magistrate for trial and by virtue of the repeal of the above-mentioned Act of 1975 the non-bailable character of the offence allegedly committed by the petitioner has disappeared. According to the Schedule appended with the Code of Criminal procedure an offence under section 13 of the Arms Ordinance, 1965 is bailable.
This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs. 50,000/- (Rupees fifty thousand only with one surety in the like amount to the satisfaction of the learned Trail Court.