' MUHAMMAD RAFIQ TARAR, J---Muhammad Riaz petitioner .Seeks leave to appeal from the judgment of a learned Single Judge of the Lahore High Court whereby his petition for cancellation of bail allowed to the respondent by the High Court vide order dated 20-6-1993, was dismissed.
2. In an occurrence which took place on 9-2-1993, at 11-00 p.m. Abid alias Goga, brother of Abdur Rashid respondent fired his carbine at Mushtaq hitting him in the chest and neck while the respondent's fire hit him on the right arm and he succumbed to his injuries at the spot.
3. The respondent was admitted to bail on the ground that he was found innocent during investigation by as many as four Police Officers including two officers of the rank of D.S.P. And S.P.
The petitioner moved an application for cancellation of bail which was dismissed. Hence this petition.
4. We have heard the learned counsel for the petitioner. He submits that in the last investigation the respondent has been found involved and challaned alongwith his co-accused, therefore, he is no more entitled to enjoy the concession of bail. We have considered the above submissions in the light of material available on the record from which it becomes clear that D.S.P. (Legal) and the S.P.
Had disagreed with the findings of the last Investigating Officer and the respondent has been shown in Column No,2 of the challan. In the circumstances we do not consider it a fit case for interference with the discretionary order of the High Court. The petition is dismissed.