1. MUHAMMAD YAQUD ALI, C. J.-Leave to appeal was obtained by Khushi Muhammad, private complainant, against the order of a learned Single Judge of the High Court of Lahore, dated 8th April 1974, allowing bait to respondents 1 to 8 who are charged with offences under sections 302, 307 read with sections 149 and 148, P. P. C. While granting leave to appeal the operation of the order passed by the High Court was suspended.
2. On 2nd December 1975, Rana Maqbool Ahmad Qadri, Advocate-on---Record for the appellant moved an application for permission to withdraw the appeal as the parties appeared to have reached a compromise and consequent upon it the appellant had failed to take necessary steps for completion of record. The application for withdrawal was rejected on 6th February 1976 and the appeal was set down for hearing on 10-2-1976. The Assistant Advocate-General who put.
3. Appearance for the State was directed to prosecute the appeal in place of Khushi Muhammad, at the hearing of the appeal.
4. Mr. Maqbool Elahi, learned counsel for respondents 1 to 8 conceded that the appeal be allowed and the order passed by the High Court granting bail to his clients be set aside. He brought to our notice that since leave to appeal was granted, the eye-witnesses who had supported the prosecution case had resiled from their earlier statements and he intends to apply for bail to the Sessions Judge on the basis of this later development. We are not concerned with the reasons which have motivated the learned counsel for res--pondents 1 to 8 to concede the appeal. The Court had already formed a prim facie view that the order passed by the learned Single Judge of the High Court was erroneous and called for interference. That is why the operation of the order granting bail to the respondents was suspended when leave to appeal was granted.
5. We accordingly allow the appeal and set aside the order passed by the High Court.