1. Heard Adv. Mr. V.D. Salunke with Adv. Mr. B.N. Patil for the applicants, and learned APP Mr. B.J. Sonwane for the respondent.

2. Rule. Rule made returnable forthwith. With the consent of parties, taken up for final hearing.

3. By the present application preferred by the applicant nos.1 and 2, under Section 482 of the Code of Criminal Procedure, 1973, the applicants have prayed that the judgment and order dated 4-8-2012, passed by the learned Ad hoc Additional Sessions Judge-1, Latur, in Criminal Revision No. 58/2012, thereby dismissing the revision, and the order dated 25-7-2012, passed by the learned Judicial Magistrate (F.C.), Court No.5, Latur, C.R. No. 3015/2012, registered at M.I.D.C. Police Station, Latur, in respect of cancellation of bail of the applicants, be quashed and set aside.

4. The factual matrix which gave rise to the present application is as follows :

(a) An offence was registered bearing No. 3015/2012 under the provisions of Sections 4 and 5 of Bombay Prevention of Gambling Act, 1887, at MIDC Police Station, Latur, against one Jugalkishor Badrinarayan Ladda, Balaji Dhondiram Patil and Madhav Vyankat Alat. However, names of the present applicants were neither shown in the FIR nor in PCR list dated 23-5-2012. The PCR list discloses that the Muddemal property was already seized by the Police personnel at the time of raid conducted by them as per information dated 22-5-2012. However, present applicants were not found at the place of said raid. The allegations in the FIR and the PCR list dated 23-5-2012 reflect that the gambling in respect of IPL matches was going on at the place of raid. Copy of the FIR and PCR list dated 23-5-2012 is annexed at Exhibit "A". The applicants got knowledge from the newspaper contents that the accused in the FIR were trying to implicate the applicants in false case. Hence, applicants suo motu appeared before learned Judicial Magistrate (F.C.), Latur, and the learned Judicial Magistrate (F.C.) granted bail to the applicants by order dated 24-5-2012. Accordingly, communication 24-5-2012 was issued to the respondents, not to arrest present applicants and copy thereof is produced at Exhibit "B".

(b) It appears that the respondent herein made an application before learned Judicial Magistrate (F.C.), Latur, on 18-6-2012 seeking permission to include Section 420 of Indian Penal Code in the FIR, and also sought permission to re-arrest the applicants for the purpose of investigation. Copy of the said application is produced at Exhibit "C". The applicants appeared through Advocate and opposed the said application. Moreover, the respondent also preferred an application on 21st July 2012, for cancellation of bail granted to the applicants. The applicants herein opposed the said application also. However, learned Judicial Magistrate (F.C.) Court No.5, Latur, passed an order on the said applications on 25-7-2012 and cancelled the bail granted to the applicants and other co-accused in C.R. No. 3015/2012, registered at MIDC Police Station, Latur, under Sections 4 and 5 of Bombay Prevention of Gambling Act, and Investigation Officer was permitted to arrest the accused for detail investigation according to law.

(c) Being aggrieved and dissatisfied by the said order, the applicants herein had preferred Criminal Revision No. 58 of 2012 before Court of Sessions at Latur. The respondent herein opposed the said revision. After hearing rival submissions, learned Ad hoc Additional Sessions Judge-1, Latur, dismissed the said revision by judgment and order dated 4-8-2012, and thereby confirmed the impugned order therein passed by the learned Judicial Magistrate (F.C.), Court No.5, Latur, on 25-7-2012. Hence, applicants have questioned the correctness and legality of both the said orders in the present Criminal Application.

5. Adv. Mr. V.D. Salunke appearing for the applicants canvassed that there are no cogent and overwhelming circumstances to cancel the bail which was granted to the applicants e