It is argued that where offence committed if falls under two different definitions of two different Statutes, one which prescribes lesser sentence should be applied while entertaining bail application, would not hold field in view of provisions of Section 74 of Act which prescribes that where an offence is punishable under Act and is also an offence under any other law for the time being enforced nothing in that law shall prevent offender from being punished under Act–Otherwise too, there is no statutory provision hereunder a Court is bound to keep in view a parameter Statute on subject providing lesser sentence–Proposition that Court shall not keep in view maximum punishment prescribed for offence but should consider sentence which is likely to be awarded, is also not a legal argument because on principles if one looks back to Section 497 Cr.P.C. which contained prohibitory clause therein and is with regard to punishment prescribed and not punishment likely to be granted.
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