C. R. PAL, J.

( 1 ) IN this petition under Sec. 439 (2), Cr. P. C. the State has sought for cancellation of bail granted to the opposite party by the learned Sessions Judge, Sundargarh in S. T. No. 242/3 of 1995-96 arising out of G. R. Case No. 973 of 1995, of the Court of Sub Divisional Judicial Magistrate, Pan posh. The facts which give rise to the filing of the aforesaid petition are as follows. Engineer Subrata Das, an employee of Rourkela Steel Plant was residing in Qrs. No. E/90, S/4 alongwith his wife Manasi Das and their daughter Ankita Das. The opposite party who is a native of the locality of the parents of Manasi was also residing with them as a domestic servant since 1990. On 11-71995 Subrata Das left Rourkela for Bhubaneswar in connection with certain work. It is alleged that taking advantage of his absence from his house the opposite party on 12-7-1995 in between 7. 15 p. m. and 7. 30 p. m. strangulated Manasi Das to death by means of a cable and when Ankita came to that room and seeing her mother started crying she was also strangulated to death. Thereafter, collecting the valuables like ornaments, V. C. R. , camera etc. the opposite party left Rourkela in that night for his native place. But on his way he got down from the bus at village Haladibasanta and kept the stolen articles in the house of one Biswanath Naik giving him an impression that he had purchased these articles for his sisters marriage. Then he went to the house of Manasits parents and informed them that Manasi and Ankita were killed by some unknown persons in the previous night for which he had left Rourkela out of fear. Sub rata who had been to Bhubaneswar came to his in-laws house for a visit and coming to know about the incident asked the opposite party to accompany him to Rourkela. On arrival at Rourkela police arrested the opposite party as by that, time police had already registered a case and had taken up investigation being informed by the parents of some of the classmates of Ankita who came to the house of the deceased and suspected foul play when they did not get any response from the inmates of the house when called. The opposite party while under arrest made a statement before the police leading to discovery and gave, recovery of the stolen articles and the cable used in strangulating the deceased. In course of investigation police also examined some witnesses including Mrs. Kamala Mohanty, a neighbour who stated to have seen tile opposite party scaling over the gate at about 8. 30 p. m. and going but and again coming back to the house at about 9. 00 p. m. with a rickshaw. Police also examined one Amarnath Chobe, a milkman who was supplying milk to the family of the deceased who stated to have come to the house in the evening to supply milk and when he knocked at the door the opposite party opened the same and told that the owner of the house with his family members had gone to Bhubaneswar and there was no need for any milk. After investigation police submitted charge-sheet against the opposite party and two others under sections 302, 379, 397, 414 and 411, I. P. C.

( 2 ) AFTER the case was committed to the Court of Session the opposite party on 10-1-1996 moved the Sessions Judge, Sundargarh for bail. The learned Sessions Judge after hearing the counsel of the parties granted bail to the opposite party on 11-1-1996 the cancellation of which is sought for by the State in this Misc. Case on the grounds that the learned Sessions Judge with out applying his judicial mind to the material available on record against the opposite party has come to a conclusion that there is no material against the opposite party excepting the confessional statement said to have been made before the Investigating Officer though there are materials; such as the statement leading to recovery of the stolen articles and the cable used in strangulating the deceased and other incriminating circumstances. It is also submitted that after getting the bail the opposit