1. ' GULZAR AHMED, J.---By this constitutional petition, petitioner Dr. Sohrab Khan Sarki has sought grant of pre-arrest bail to him in Crime No, 3 of 2008 under sections 324, 147, 148, 149, 425, P.P.C. And 6/7 of the Anti-Terrorism Act, Police Station Budhapur.
2. ' At the outset, Counsel for the petitioner has contended that this petition was entertained by the Court and through order dated 9-2-2010 the petitioner was granted interim pre-arrest bail on his furnishing surety in the sum of Rs,200,000 and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court and that such surety was furnished by the petitioner. He has contended that in such view of the matter the Hon'ble Supreme Court in case of Raiz Wazir Ahmad v. The State (2004 SCM R 1167) has held that such bail application has to be decided on merit and cannot be terminated on technical grounds. The learned Counsel has further contended that the allegations against the petitioner are, his mere presence at the spot without any overt act and that the main accused Altaf Husain Unnar and other co-accused namely Misri Khoso, Abdullah, Mumtaz, Soomar, Bijar, Abdul Suleman, Sikandar, Sajjan, Pehalwan, Dariya Khan, Ghulam Ali, Teekam Das, Ramesh Kumar, Muhammad Alam, Nazeer Ahmed, Haji Ramzan Palari and others have already been granted bail and the rule of consistency requires that such benefit should also be extended to the petitioner. Copy of bail order of Altaf Hussain is filed by the Counsel for the petitioner with a statement today, which is kept on the record.
3. ' Learned Deputy Prosecutor-General does not concede on merit but states that he cannot dispute the case on the ground of rule Of consistency.
4. ' We have considered the submissions made by the counsel and have gone through the record.
5. The only allegation against the petitioner in the F.I.R. Is that he was found present at the place of incident, beyond this nothing is alleged A against him. The other 17 co-accused named above in the same crime have already been granted bail which is not disputed by the learned Deputy Prosecutor-General. The petition was entertained and interim pre-arrest bail was granted to the petitioner vide order dated 9-2-2010 and in terms of the rule laid down by the Hon'ble Supreme Court in the case of Raiz Wazir Ahmad (supra) this petition has to be decided to its logical consequence. The petitioner, in such circumstances is not only entitled to grant of bail on merit but also on the rule of consistency.
6. ' We, therefore, allow this petition and confirm the interim pre-arrest bail order dated 9-2-2010 on the same terms and conditions.
7. ' The petition is disposed of.