1. - This application for cancellation of bail under Section 439(2) Cr.RC. has been filed on behalf of complainant Bhanwar Lal against the order dated 18.9.2001 passed by the learned Sessions Judge, Sikar for cancellation of bail being No. 416/2001 arising out of FIR No. 68/2001, RS. Ramgarh Sethan District Sikar, whereby application for cancellation of bail of non-petitioners No. 1 and 2 has been disallowed.

2. The relevant facts necessary for the disposal of this application are that the petitioner lodged an FIR No. 68/2001 at RS. Ramgarh Sethan with the allegations that his father Bhagwana Ram Godara died due to the injuries inflicted by the non-petitioners No. 1 and 2 and their other family members. A case for the offence under section 302/34 IPC was registered and the non-petitioners No. 1 and 2 were arrested during the course of investigating. Birbal Ram was released on bail vide order dated 9.8 2001 on the ground that the doctor did not find the injuries sustained by Bhagwana Ram Godara as sufficient to cause death in the ordinary course of nature and non-petitioner No. 2 Kesar Deo was released on ball vide order dated 13.8.2001 on the ground that his case was not di