' HASNAT AHMAD KHAN, J.- Petitioner seeks post-arrest bail in case F.I.R. No.254, dated 13-10-2006 registered under section 18 of the Offence of Zina (Enforcement of Hadood) Ordinance, 1979 at Police Station Ghaziabad District Sahiwal.
2. Learned counsel for the petitioner has submitted that victim and her husband who is one of eye-witnesses of the occurrence had sworn the affidavits exonerating petitioner from the offence alleged against him. The victim and Talib Hussain her husband duly identified by the learned counsel 'for the complainant are present in Court.
They do not oppose this application.
3. Learned counsel for the State has opposed this bail application on the ground that the offence is not compoundable.
4. After hearing the learned counsel for the parties I have come to the conclusion that the case has been registered under Section 18 of the Offence of Zina (Enforcement of Hadood) Ordinance, 1979 as such it is a case of only attempt to commit zina. Moreover the star witness on the basis of whose evidence the fate of the case depends has exonerated the petitioner. The eye-witness has also exonerated him. Though the offence allegedly committed by , the petitioner is not compoundable but in view of the duly sworn affidavits (placed on record today) which are being owned by the victim and above mentioned the eyewitness, before this Court, the case of further inquiry has been made out. Consequently this petition is accepted and the petitioner is ordered to be enlarged on bail subject to his furnishing bail bonds in the sum of Rs. 50*000 (rupees fifty thousand) with one surety in the like amount to the satisfaction of the trial Court.