K.N. BHANDARI, J.- According to the allegations against the petitioner contained in FIR No. 127/97 dated 19.7.1997 registered under Sections 354/337-E (iv/337-L (ii) PPC at Police Station Massan District Jhang, the petitioner illegally entered into the house of Mst. Shehnaz Bibi, sister of the complainant during the night of 13/14 of July, 1997 and asked her to submit to illegal intercourse. On her refusal and shouting, Sabir petitioner attacked Mst. Shehnaz Bibi and hit her with Sola at different parts of the body. The petitioner has since been arrested and is confined. It is stated that investigation is complete.
2. Learned counsel for the petitioner has contended that in fact there was a light between ladies on the to sides and that incident has been given the colour of present incident. It is contended that even if convicted the maximum sentence that can be imposed is five years, outside the prohibitory clause, learned counsel for the State has resisted the claim of bail by urging that Section 18 of the Offence of Zina .(Enforcement of Hudood)' Ordinance, 1979 also stands added. This, however, has not been confirmed by the police officer who says that no such section has been added during investigation.
3. The sentence which the petitioner can suffer falls outside the prohibitory clause of Sub Section 1 of Section 497 Cr.P.C. The trial is likely to take considerable time. The petitioner has not been shown to have any past criminal history. In the circumstances I accept this application and direct that on petitioner's furnishing bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of Judicial Magistrate of the area, the petitioner shall be released in this case.