( 1 ) IN this application preferred under Section 439 (2) of the Code of Criminal Procedure, the petitioner has prayed for cancellation of order granting bail in favour of non-applicants 1 to 4 by the learned Additional Sessions Judge, Chhindwara, in Bail Application Nos. 785/97, 907/97, 940/97 and 947/97.

( 2 ) THE facts, as have been unfurled, are thus : On the basis of the F. I. R. lodged by the informant Crime No. 175/97 was instituted for offences punishable under Sections 147, 148, 302 and 149, IPC against the accused, non-applicants 1 to 4, along with other accused persons, for assaulting one Habibullah who succumbed to the injuries sustained by him. According to the prosecution, a 2nd dispute between Habibullah and Nasir, Muselman, was going on for a considerable length of time and certain litigations had already cropped up. On the date of occurrence i. e. 9-6-97, at about 1 P. M. , non-applicants 1 to 4 along with some other accused persons with an intention to plough the disputed land, arrived with a tractor and other agricultural implements. It was objected to by Nasir, but his protest was not paid heed to. Nasir went back to his village and returned with