JUDGMENT

S.K. Phaujdar, J. - The present application raises certain interesting questions of law. The three petitioners were granted bail by the CJM, Jaunpur in a criminal case which was registered for an offence under Section 394 IPC. Aggrieved with the order granting bail to them, the complainant (present respondent No.3) moved the Sessions Judge, Jaunpur in Application No. 28 of 1996 for cancellation of the bail order recorded in Cd. Case no 253 of 1994: The learned Sessions Judge by his order dated 1-5-1998 accepted the prayer and cancelled the bail order recorded by the CJM in favour of the present three applicants. The CJM Jaunpur, was directed to ensure the presence of the accused persons through process of law. This order is under challenged in the present application.

2. It was contended on behalf of the applicants that bail once granted could not have been cancelled except for proven misuse of the privilege and it was further indicated that an earlier application for cancellation of bail was moved vide Application No. 58 of 1994 and the same was rejected by the Sessions Judge on 22-1-1996 and the order read as follows:

"The applicant is absent. The application is hereby r