JUDGMENT Mrs. Sabina, J.:- This petition has been filed under Section 439 (2) of the Code of Criminal Procedure for cancellation of regular bail granted to respondent No.2 vide order dated 28.7.2010 in case FIR No. 26 dated 29.1.2009, under Sections 364/34 and Sections 302, 201, 120- B, 148, 149 (added subsequently) of the Indian Penal Code and Section 25 of the Arms Act, 1959 (Section 34 IPC deleted) registered at Police Station Banga District Shaheed Bhagat Singh Nagar. 2. Bakhshish Singh had filed CRM-M No. 34292 of 2009 for grant of regular bail in the FIR in question. The said petition was allowed by this Court vide order dated 28.7.2010 as PWs Gurdeep Ram and Amar Chand had failed to fix the involvement of Bakhshish Singh. The said witnesses had been duly examined during trial but they had failed to name Bakhshish Singh as one of the assailants. 3. The case of the petitioner is that, in fact, the statement of Sukhbir Ghai had not been brought to the notice of the Court. The examination-in-chief of Sukhbir Ghai was recorded on 2.12.2009, wherein, he had identified Gurpreet Singh, Ranjit Singh, Lakhwinder Kumar and Bakhshish Singh as the persons, who were signaled to stop by the police. 4. Learned counsel for Bakhshish Singh has submitted that Sukhbir Ghai had not named the assailants when his statement was recorded by the police on 29.1.2009. The said witness in his crossexamination had deposed that he was not called by the police in the police station to identify the culprits from the persons apprehended by them. He did not name the accused and he had only identified them from their appearance in the Court. Their names have been written in his statement at the instance of prosecutor. 5. Although the statement of Sukhbir Ghai was not brought to my notice at the time of passing of the bail order by the counsel for the petitioner or by the learned State counsel, yet the fact remains that now the said witness has been cross-examined and he has deposed in his cross-examination that the accused were not got identified from him by the police. He had not given the names of the accused as he did not know their names. Moreover, there is nothing on record to suggest that Bakhshish Singh has misused the concession of bail. He had not given the names of the accused as he did not know their names. Moreover, there is nothing on record to suggest that Bakhshish Singh has misused the concession of bail. In these circumstances, it would not be appropriate to cancel the bail at this stage. 6. Accordingly, this petition is dismissed. ----------0BSK0----------