Honble SHETHNA, J.–Learned counsel Shri Garg for the petitioner places on record the photo stat copy of the order dated 5.10.1998 delivered in S.R. Cr. Misc. Bail Petition No. 2695/98 passed by this Court and submitted that the case of the present petitioner is the same, therefore, the petitioner accused be enlarged on bail. It was submitted by the learned counsel Shri Garg that when the jeep was intercepted the present accused, who is driver and Sher Singh were asked about the illicit liquor found from the jeep and both of them have stated that they brought the same. Thus, it was submitted that the case of present petitioner is identical to the case of Sher Singh, who has been enlarged on bail by this Court on 5.10.98, therefore, the present petitioner may be enlarged on bail. (2). However, learned Public Prosecutor Shri Vyas vehemently submitted that in Sher Singhs case Mr. Garg himself appeared and it was submitted that Sher Singh was mere a passenger, therefore, on that ground this Court granted bail and, thereafter, this bail petition is filed on behalf of the present accused, who is a driver of the jeep and it is tried to be submitted on the basis of FIR that role played by both the accused was the same. He, therefore, submitted that not only this bail application should be dismissed but this Court should also cancel the bail granted in favour of Sher Singh in bail application no. 2695/98. (3). I find lot of force and substance in the submission made by learned Public Prosecutor Shri Vyas. Under the circumstances, there is no question of granting bail to the present accused and this Court has to exercise its suo moto power to cancel the bail granted to co-accused Sher Singh on 5.10.98 in S.B. Cr. Misc. Bail Petition no. 2695/98. (4). Accordingly, this bail application is dismissed. (5). In exercise of suo moto jurisdiction, I hereby cancel the bail granted to co-accused Sher Singh in S.B. Cr. Misc. Bail Application no. 2695/98 on 5.10.98 and the bail bonds submitted by him before the learned trial Judge stands cancelled forthwith. The trial Judge shall issue non-bailable warrant to the accused Sher Singh and see to it that Sher Singh is taken in custody forthwith. (6). The office is directed to intimate about this order to the trial court forthwith. (7). 2695/98 on 5.10.98 and the bail bonds submitted by him before the learned trial Judge stands cancelled forthwith. The trial Judge shall issue non-bailable warrant to the accused Sher Singh and see to it that Sher Singh is taken in custody forthwith. (6). The office is directed to intimate about this order to the trial court forthwith. (7). Before parting, I must state that after the submission of learned Public Prosecutor Shri Vyas, Mr. Garg requested the Court to allow him to withdraw this petition, which otherwise would have been granted by this Court, but on facts this request was rejected. At this stage, a request was made by learned counsel Shri Garg that petitioner and co-accused Sher Singh be permitted to file fresh bail application after the challan is submitted. It is always open to the accused to file bail application in the changed circumstances and for that no directions are necessary from this Court.