P.K.Jain, J.

1. This petition has been filed under section 439(2) of the Code of Criminal Procedure (for short the Code) seeking cancellation of bail granted to Bikkar Singh son of Tara Singh, respondent No. 2 in Criminal Misc. No. 13626-M of 1995 by order dated 8.9.1995, in FIR No. 145 dated 29.9.1994 registered at Police Station Zira for offence under sections 302/148/149/450/452 of the Indian Penal Code.

2. The brief facts necessary for the disposal of this petition are that Mukhtiar Singh (now deceased) alongwith his two brothers Kashmir Singh and Balwinder Singh and his brother-in-law Ajit Singh was convicted for committing the murder of one Surta Singh Sarpanch and was undergoing sentence in Nabha Jail. He had come on parole for fifteen days about 7/8 days prior to the day of the occurrence. According to the allegations contained in the First Information Report in question, the respondent No. 2 alongwith Jagmohan Singh and Dibban Singh sons of Surta Singh (referred to above), Binder Singh and Chhinder Singh sons of Niranjan Singh, Sona Singh and Chhana Singh duly armed with deadly and lethal weapons committed the murder of aforesaid Mukhtiar Singh on 29.9.1994 at abou