ABDUL HAFEEZ MEMON, J.---The only contentions raised by Sardar Muhammad Ishaque, the learned counsel for the petitioner, is that the petitioner having been earlier released under section 169, Cr.P.C., the impugned order passed by the High Court without notice to the petitioner, as required by subsection (2) of section 439, Cr.P.C., was not sustainable in law and hence the case be remanded to the learned High Court for hearing it afresh after notice to the petitioner.
2. Mr. Hassan Inamullah, learned counsel for Respondent No,2, states that in view of the legal position he is unable to support impugned order of the High Court and has no objection if the case is remanded to the High Court.
3. The contention of the learned counsel for the petitioner is, indeed, valid and the learned State counsel having rightly conceded to it, this petition is converted into an appeal and the impugned order passed by the learned High Court is set aside, and the case is remanded to the learned High Court for hearing the Revision afresh after giving due opportunity of hearing to the petitioner. The appeal is allowed, accordingly.