JUDGEMENT

Behera, J. :- The petitioners, accused of offences punishable under Ss.120-B, 147, 148 and 302 read with S.149 of the Indian Penal Code, besides other of-fences, in the court of the Sub-divisional Judicial Magistrate, Chatrapur, in the district of Ganjam, for having formed an unlawful assembly being armed with dangerous weapons and committed the murder of Pratap Swain in furtherance of their common intention after a criminal conspiracy, assail the order under S.439(2) of the Cr.P.C. (for short, the 'Code') passed by the learned Sessions Judge, Ganjam-Boudh, Berhampur, cancelling the bail granted to them by the learned Sub-divisional Judicial Magistrate under the proviso to S.167 (2) of the Code, as the investigation was not completed within a period of ninety days. Each of the petitioners had been released on a bail of Rs. 5,000/- with two sureties each for the like amount subject to the conditions that (i) the petitioners would not leave the jurisdiction of the court without obtain-ing prior permission from his court; (ii) they would not commit any offence or any act of violence leading to breach of the peace; (iii) they would not do any act leading to tampering with the