' SHAFIUR RAHMAN, ACTG. C.J.---Shahid Iqbal Butt, the petitioner, was directly, charged by the first informant for firing at his head with a .12 bore gun in an occurrence resulting in the registration of the case under section 302/307/148/149, P.P.C. Against him and a few others.
2. The learned Additional District Judge, Faisalabad admitted Shahid Iqbal Butt/petitioner to bail on 25-8-1990 on the ground that Javed Iqbal who was injured at the hands of Shahid Iqbal specifically exonerated him from the charge and stated that he was not present at the spot, coupled with the fact that the Investigating Officer also found him innocent. The High Court in cancelling the bail granted to Shahid Iqbal, held as hereunder:--- "Though the police has held the respondent innocent, yet I have not been able to find any material on the basis of which they could arrive at the said conclusion. It is a case which is being supported by three injured eye-witnesses, and all of them have unanimously implicated' the respondent by name?
3. The learned counsel has pointed out that in the final report submitted under section 173, Cr.P.C., the case against Shahid Iqbal stands cancelled by an order of the Magistrate. In view of such a discharge of the petitioner, the cancellation of bail order should not stand in the way of his liberties.
4. The State counsel confirms that case as against Shahid Iqbal Butt stands cancelled by an order of the Magistrate. The learned counsel for the complainant/respondent No,2 disputes the correctness of the orders so passed by the learned Magistrate.
5. At this juncture we are not called upon in these proceedings to determine the correctness of the order of cancellation of the case as against the petitioner and his discharge. All the same we must take note of that having happened. In view of such an order having been passed, the cancellation of bail order automatically does not stand in the way. Nevertheless, in order to remove any doubt, we convert this petition into appeal, as notice has already been given to the State etc., and allow the same and set aside the order impugned before us.