S.M. ZUBAIR, J. The petitioner who is involved in a case under Section 1.8 of Offence of Zina (Enforcement of Hadood) Ordinance VII of 1979 arising out of F.I.R. No. 147/93, dated 9.9.1993, registered at Police Station Sabz Pir, District Sialkot, seeks to be admitted to bail.
2. Briefly the allegation against the petitioner as per F.I.R, is that he attempted to commit zina with Mst. Naveed Akhlar.
3. The learned counsel for the petitioner contends that the case against the petitioner is one of further inquiry as it would be determined after the recording of detailed evidence whether the offence falls under Section IS ibid or Section 354 PPC. He contended that prima fade the bare reading of the F.I.R, discloses offence under Section 354 PPC and has placed reliance on PASS S.C.M.R. 1443, 1988 M.L.O. 2791 and 1985 M.L.D. 1075, hence the petitioner is entitled to the grant of bail.
4. The learned counsel for the Slate assisted by the Police Officer, has opposed this bail application on the ground that the petitioner after trespassing into the house tried to commit zina-bil-jabar with the complainant who is unmarried and young girl.
The learned counsel for the complainant in addition to that, submitted that normally no person would like to lodge a false report against a person with respect to the unchastity of his virgin girl.
Moreover, prima fade the case falls under Section 18 ibid and the trial is in progress, so the petitioner is not entitled to bail.
5. 1 have heard the learned counsel for the parties and perused the record.
6. Admittedly, the reading of the F.I.R, shows that the case against the petitioner is one of further inquiry as it would be determined after the recording of some evidence whether the offence falls under Section 18 ibid or under Section 354 PPC in view of the case law cited above. The petitioner is admitted to bail provided he furnishes 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 A.C. Sialkot.