1. - This is an application under Section 439(2), Cr. P.C. for cancellation of the bail order dated 24th October, 1991, passed in S.B. Cr.Misc. Bail Application No. 3536/1991.

2. The bail order is sought to be cancelled mainly on two grounds. Shri Madhav Mitra submits that in the bail application the offence under Section 376, IPC was minor. So far as the non-mention of Section 376, IPC in the bail application No. 3536/1991 is concerned, it will be sufficient to say that the order of rejection of the bail application passed by the Sessions Judge, Sikar dated 9th October, 1991 was very much before this Court at the time of passing of the Order dated 24th October, 1991. However, Shri R.K. Pareek has invited my attention to the fact that the offence under Section 376, IPC was added later on against respondent No. 1, though prior to the rejection of the bail application by the Sessions Judge, Sikar and, therefore, the offence under Section 376, IPC should also have been preferably mentioned in the bail application but the absence thereof by itself furnishes no ground for cancellation of bail order because the order passed by the Sessions Judge, Sikar was there before this Court