' This petition for cancellation of bail of the respondent was admitted on the ground that learned Additional Sessions Judge had granted the bail on wrong premises by relying on a statement that Aman Ullah respondent had been declared innocent during investigation by the Police. The Investigating Officer who was summoned to produce the record, during the preliminary hearing had stated that Aman Ullah respondent was never declared innocent. The record produced today also shows the same posi- tion. Obviously, the contention of learned counsel for the petitioner in this regard stands established. The respondent has been charged in the first information report of haviag fired a shot in the chest of the comp-1 lainant, which is corroborated by the medical evidence.
2. Learned counsel for the respondent has not been able to controvert the fact of the respondent having not been declared innocent.
' In this view of the matter, the to the respondent by learned Additional Sessions Judge is hereby cancelled. .