' SAIDUZZAMAN SIDDIQUI, J.---The petitioner is seeking leave to appeal against the order of a learned Judge in chambers of the Lahore High Court dated 28-8-1994 wherein the learned Judge refused to admit the petitioner to bail in a case registered against him along with several others under sections 302/324/148/149 of the P.P.C.
2. In seeking leave to appeal the learned counsel for the petitioner contended that the petitioner was initially granted bail in the case by the Additional Sessions Judge, Faisalabad, by his order dated 21-2-1994 on the ground that the petitioner was found innocent in the successive police investigating besides the fact that the injury from the fire-arm attributed to the petitioner was suffered by one of the P. Ws. Which was on the non-vital part of the body. The learned counsel for the petitioner contends that the offence with which the petitioner was charged was treble by an ordinary Court but curiously enough this case was taken up by Special Judge, Suppression of Terrorist Activities, Faisalabad, on the application of the complainant and bail granted to the petitioner by the Additional Sessions Judge, Faisalabad was cancelled by order dated 6-6-1994.
The learned Judge in Chambers refused to grant bail to the petitioner when he approached the Lahore High Court.
3. Notice was issued to the State in the above case and the learned counsel for the State was unable to satisfy us as to how this case which prima facie appears to be tribal by an ordinary Court was transferred to the Court of Special Judge, Suppression of Terrorist Activities, Faisalabad. The learned Judge in Chambers while refusing to admit the petitioner to bail did not consider the above circumstance besides the fact that the petitioner was found innocent in successive police investigations conducted in the case. These facts require further consideration and we accordingly grant leave .To appeal. In the meantime the petitioner is admitted to interim bail in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the trial Court.