' The petitioner was arrested on 31st March, 1980 in case F. I. R. No, 76, dated 6th March, 1980 registered under section 452, P. P. C. Read with section 6 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, at Police Station, Lodhran. After investigation of the case the challan was submitted in Court on 20th June, 1980.
2. The petitioner has applied for bail. It has been submitted that his trial has not been concluded within a year from the date of his arrest and as such he is entitled to be released on bail under clause (a) of third proviso to sub section (1) of section 497, Cr. P. C. According to him no case under section 6 of the aforementioned Ordinance which is punishable with death is made out even according to the challan submitted by the police. It has been pointed out that the requirement of section 8 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, is not fulfilled in the instant case inasmuch as the prosecution has cited only two witnesses who allegedly saw the commission of Zina by the petitioner whereas under section 8 of the Ordinance, it is provided that the commission of the offence of Zina should have been witnessed at least by four Muslim adult male persons.
3. Learned counsel appearing on behalf of the State has conceded that the petitioner's trial has not been concluded within one year from the date of his arrest. He also does not dispute the legal proposition that it would not be possible for the prosecution to make out a case punishable under section 6 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and at the most a case under section 10 of the said Ordinance would be made out against the petitioner.
4. In view of the statutory provision of clause (a) to third proviso of subsection (1) of section 497, Cr.
P. C., the petitioner is entitled to the concession of bail as his trial has not been concluded within one year from the date of his arrest. He shall be released on bail on his furnishing security in the sum of Rs, 10,000 (Rupees ten thousand) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Multan.