Heard Mrs Ch Bidyamani Devi, learned PP and also Mr. A Nilamani Singh, learned senior counsel assisted by Mr. A Bimol Singh, learned counsel for the respondent.

2. The present petition has been filed under section 397 CrPC read with section 439 (2) and 482 CrPC against the order dated 15.12.99 passed by the learned Sessions Judge, Manipur East in Criminal Misc (B) Case No. 90/99 arising out of FIR Case No. 179 (11) 99 LPS under section 366/342/376/120B IPC. On a pointed asking from this Court, Ms Bidyamani Devi, learned PP has submitted that this application may be treated only as an application under section 439 (2) CrPC for cancellation of bail granted by the learned Sessions Judge by his order dated 15.12.99. The learned PP 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 settled position of law that the petition for cancellation of bail shall not

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