' MUHAMMAD RAFIQ TARAR, J.---Haji Muhammad Abbas petitioner seeks leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 23-4-1994 whereby his bail petition in a case under sections 148, 324 and 337(2)/149 of the P.P.C. Was dismissed.
2. The petitioner was allowed bail by the learned Magistrate on 26-4-1993 on the ground that the prosecution version was not supported by the medical evidence, the injuries of the petitioner herein were suppressed in the F.I.R., a case under section 324/392 of the P.P.C. Was registered against the complainant party and it was a case of counter-version. However, on an application moved by the complainant, the bail was cancelled by the learned Additional Sessions Judge on 28-2-1994.
3. Learned Counsel for the petitioner contends that the police in collusion with the complainant party had suppressed the true facts, the learned Magistrate had exercised his discretion in a proper manner and there was absolutely no justification for cancellation of his bail 10 months later.
The learned State Counsel has, however, opposed the prayer for bail.
4. We have considered the submissions made at the Bar by the learned counsel for the parties. The medico-legal report of the petitioner shows that he had 7 injuries in all out of which two were by fire-arm. These injuries do not find any mention in the F.I.R. He was admitted in the hospital on 13-4- 1993 and was discharged on 26-4-1993. He filed a writ petition in the High Court seeking direction for the registration of a case based on his version on which S.H.O. Of the concerned police station was summoned. He appeared on 16-5-1993 and stated that a "case has been registered pursuant to the complaint of the petitioner " Learned counsel for the petitioner submits that actually no case was registered against the complainant party and the S.H.O. Had made an incorrect statement which lends support to the view that the police had acted mala fide from the very beginning In view of the above we convert this petition into an appeal and allowing it confirm the interim bail.