( 1 ) THIS is an application under Sec. 439 (2) of the Criminal procedure Code for cancellation of bail granted to the applicant by order dated 12- 12-1997. The circumstance in which this application has been moved may be noticed in brief. The respondent is accused of having committed offence under Sec. 302 read with Sec. 34 and Sec. 114 as well as under Sec. 120b of the Indian Penal Code being a party to criminal conspiracy to commit murder of one Ranjitsinh Parmar also known as Ranjitsinh Jam along with other accused persons which included respondents father Jaswantlal Manilal Sheth in pursuance of which said Ranjitsinh was murdered. As per the F. I. R. , some dispute existed between accused Jaswantlal m. Sheth and his son Deepak on one side and deceased Ranjitsinh Jam on the other in respect of a land situated near M. P. Shah Arts and Science College, Surendranagar and suit is pending in Civil Court. The complainant a cousin of said Ranjitsinh parmar received a telephonic call at about 6-00 or 6-30 p. m. on 6-11-1997 for ranjitsinh. On enquiry it was revealed that Jashubhai was calling and it was stated that he and his son Deepak were sitting at their bungalow and wa