SARDAR TARIQ MASOOD, J. For the reason set out in the application for impleadment (Crl. M.A 350- L/2021) the same is allowed and learned counsel is permitted to argue the case on behalf of Allah Yar.
2. Through the instant petition, the petitioner seeks pre-arrest bail in case FIR No. 81/2021 dated 04.03.2021, for the offences under sections 324/337-H(2)/148/149, P.P.C. read with section 11-B of the Punjab Arms Amendment Ordinance, 2015, registered at Police Station Rodala Road District Faisalabad. Petitioner was declined pre-arrest bail by the learned High Court vide impugned order.
3. After hearing learned counsel for the petitioner as well as the newly impleaded respondent (injured) and carefully gone through the available record, we observe that Muhammad Bilal, Niaz Ahmed and two/three unknown persons have specifically been nominated in the FIR, who were firing and one of the fire hit Allah Yar at his left flank. On query, it was admitted by the learned counsel for Allah Yar and also learned counsel for the petitioner that the co-accused Muhammad Bilal has also fired in the air but was granted pre-arrest bail, which has subsequently been confirmed by the Court. We asked from the learned counsel appearing for Allah Yar (injured) and the learned Deputy Prosecutor General Punjab that whether the case of the petitioner is distinguishable from the case of Muhammad Bilal and the answer was no. As Muhammad Bilal was granted pre-arrest bail and the said order was not challenged by Allah Yar and the complainant, and the case of the petitioner is at par with co-accused Muhammad Bilal, therefore, as per rule of consistency, the petitioner is also entitled to relief of bail.
4. Consequently, this petition is converted into an appeal and allowed. The petitioner is admitted to bail subject to furnishing of bail bond in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of the Trial Court.