' MUKHATAR AHMAD JUNEJO, J.---Allegations against the petitioner Ghulam Abbas is that on 28-4- 1994 at 6-30 p.m. He alongwith co-accused Fateh Khan, Muhammad Akram Khan, Jehangir Khan and Allah Yar Khan accosted complainant Hassan Khan and P.Ws. Lal Khan and Muhammad Nasirullah and fired at them. The petitioner had a rifle while Fateh Khan had a gun and the rest had MM-Rifles. Complainant Hassan Khan received the rifle shot, allegedly fired by the petitioner, after raising "Lalkara". Motive for the offence was that the petitioner and the co-accused did not want complainant party to pass by their land. Police registered the case for the offences punishable under sections 148, 324, 337-F-(ii) of P.P.C. Read with section 149, P.P.C.
2. Ch. Muhammad Iqbal learned counsel for the petitioner argued that it cannot be said with certainty, as to whose firing caused injury to Hassan Khan and that the co-accused were already released on bail. It was next argued that the only injured Hassan Khan had received only one injury and that was on a non-vital part of body.
3. The petition was opposed by Raja Abdul Ghafoor who argued that the petitioner was named and assigned specific role in the F.I.R and it was his firing which injured Hassan Khan, whereas firing by the co-accused was ineffective.
4. The Medical Report in respect of injured Hassan Khan shows that he received a fire-arm wound on middle right buttock. In the F.I.R. All the five accused including the petitioner were attributed firing from their fire-arms at a time when the injured had his back towards them. The four co- accused have been admitted to bail. Although the complainant alleged that he was hit by the shots fired by the petitioner but in view of contents of the F.I.R., it is difficult to distinguish case of the petitioner from case of four other co-accuseds already enlarged on bail. Following the principle of consistency we convert this petition into an appeal and grant bail to petitioner/appellant Ghulam Abbas in the sum of Rs,one lac with one surety in the like amount to the satisfaction of learned Sessions Judge, Chakwal.