' This is an application for grant of bail to Syed Shakeel Ahmad petitioner in a case under section 451/452, P.P.C. And 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station Civil Lines, Bahawalpur, vide F.I.R. No, 151/88.
2. The prosecution case is that the petitioner after having trespassed into the house of Muhammad Munir complainant had tried to unfasten her Shalwar. On the alarm raised by Mst. Kalsoom Bibi, Sadiq Ali Bhatti and Muhammad Akram were attracted to the spot and the petitioner was apprehended.
3. Learned counsel for the petitioner submits that the alleged offences under section 451/452, P.P.C.
Are not punishable with 10 years or more and that the allegations leveled in the F.I.R. With regard to the attempt of the petitioner to commit Zina accepted at its face value do not constitute offence of Zina (Enforcement of Hudood) Ordinance, 1979. Learned counsel for the State assisted by the learned counsel for the complainant has opposed this application.
4. I have considered the matter carefully. I find that the offences under section 451/452, P.P.C. Do not fall within the prohibitory clause of section 497, Cr.P.C. And that it is yet to be determined as to whether the allegation that:{{URDU TEXT}} ' constitutes an offence punishable under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, or not.
' For what has been said above, without making expression of opinion, lest it may prejudice the merits of the case, I feel that case for grant of bail to the petitioner has been made out. So, he will be released on furnishing bail bond in the sum of Rs,20,000 with one surety in the like amount to the satisfaction of Deputy Registrar of this Court.