ORDER

A.B. Saikia, J. - Heard Ms. Ch. Bidyamani Devi, learned P.P and also Mr. A. Nilamani Singh, learned Sr. counsel assisted by Mr. A. Bimol Singh learned counsel for the respondent.

2. The present petition has been filed under Section 397, Cr. P.C. read with Sections 439(2) and 482, Cr. P.C. against the order dated 15-12-1999 passed by the learned Sessions Judge. Manipur East in Crl. Misc. (B) Case No. 90/99 arising out of FIR Case No. 179(11)99 LPS under Sections 366/342/376/120-B IPC. On a pointed asking from this court, Ms. Bidyamani Devi, learned P.P has submitted that this application may be treated only as an application under Section 439(2) Cr. P.C. for cancellation of bail granted by the learned Sessions Judge by his order dated 15-12-1999. The learned P.P has strongly argued that the learned Sessions Judge has illegally and without considering the materials on record granted bail to the accused person. The learned Sessions Judge did not consider the seriousness and gravity of the offence. Save and except those she has not advanced any other grounds for cancellation of the said bail, granted in an offence under Section 376, IPC.

3. It is a settled position of law that th