( 1. ) ARGUMENTS heard.

( 2. ) THIS is an application, under Section 482 of the Code of Criminal procedure (for short the Code ). The applicants are aggrieved by the order dated 19-5-2007 passed by 1st ASJ, Katni in Cr. Revision No. 70/07 affirming the order dated 28-4-2007 passed by CJM, Katni in Cr. Case No. 1414/07 whereby their application for compulsive release on bail under proviso to sub-section (2)of Section 167 of the Code (hereinafter referred to as the Proviso) was rejected.

( 3. ) THE applicants were arrested on 22-1-2007 in connection with crime No. 29/07 registered at P. S. Kuthla Distt. Katni in respect of the offences punishable under Sections 395 of the IPC and 30 (iii) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The corresponding trial is pending as S. T. No. 79/07 in the Court of II nd ASJ, Katni. On 23-1-2007 they were first produced before the Trial Magistrate who authorised their detention in the police custody till 31-1-2007 and 27-1-2007 respectively.

( 4. ) ON expiry of the period of 90 days, they claimed benefit of the proviso by filing an application on 25-4-2007. On the following day, i. e. , 26-4-2007 only, the charge-s