JUDGMENT (ORAL)

Rule returnable forthwith. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent – State.

2. By way of this application filed under Section 379 and 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as ‘Cr.P.C.’), the challenge is made to the legality and validity of the order dated 07.06.2024 passed by the learned Judicial Magistrate First Class, Mandvi, Kutch in Criminal Miscellaneous Application No.166 of 2024 whereby the application preferred by the respondent authority under Section 439(2) of the Cr.P.C. came to be allowed and the regular bail granted in favour of the applicant was cancelled. Further, the applicant alongwith the other co-accused were ordered to be taken into custody and an amount of Rs.1,00,000/- deposited as per the suspension of condition for a limited period was ordered to be forfeited. Being aggrieved and dissatisfied with the same, the applicant has come in this Criminal Revision Application contending the impugned order passed is unjust, improper and against the settled legal position of law.

3. As per the facts of the case, an First Information Report (FIR) came to be