JUDGMENT Palok Basu, J. - The learned counsel for the applicant argued that when a cancellation application was moved in the court praying that the bail granted by the Magistrate should be cancelled, the law enjoined a decision by the said court on the cancellation application. It is, therefore, argued that remanding the matter to the court of the Magistrate with direction to reconsider the order of granting bail is not supportable by any provision of law. 2. The facts are that an FIR was lodged under Section 307 IPC naming the applicants as accused. The Magistrate granted him bail opining it tentatively to be a case under Sections 323/324 IPC. The charge-sheet has come under Sections 323/324 IPC. The complainant asserts that the case should be within the purview of Section 307 IPC and only on that basis he preferred the application for cancellation of bail. 3. The power under sub-section (2) of Section 439 rests with the High Court or the Sessions Judge to cancel a bail order in a suitable case where, on the facts and circumstances of the case the charge-sheet has come under Section 323/324 IPC, the bail should be cancelled or not treating the initial FIR under Section 307 IPC as the basis of such cancellation does require adjudication by the Sessions Judge himself. 4. An application by one Maya Chand for this impleadment was allowed on 27.8.1990. He was granted time to file a counter affidavit on 10.9.1990. The State has filed any counter affidavit. The counter affidavit filed by Maya Chand indicates that the FIR was lodged under Section 323/324 IPC initially and then it was altered under Section IPC. The narration of facts contained in order of the Sessions Judge, however, indicates the reverse of it. This application was opposed by Sri Surendra Singh, learned AGA the ground that the Magistrate may now look into the matter and himself cancel the bail because the injuries are serious. 5. However, in view of the entire discussion made above it appears to be just and proper to, direct that the Sessions Judge should himself decide the application for cancellation of bail moved by Maya Chand and that the impugned order dated 1.8.1989 does not have sanction of law and has to be quashed. 6. This application therefore, stands allowed in the aforesaid terms.