JUDGMENT

J.K. Maheshwari, J.

1. Being aggrieved by the order dated 30-4-2013 passed by the III Additional Sessions Judge, Mhow in Criminal Revision No. 367/2013 cancelling the bail granted to accused applicant Nos. 1 to 6, this petition has been preferred under Section 482 of Cr.P.C. On perusal of the record, it is apparent that the FIR was lodged on 18-2-2013, and the applicants were taken into custody on the same date, but the challan has been filed on 22-4-2013 on 62nd day for the offences under Sections 399,402 of the IPC and 25 of the Arms Act,. It is also not in dispute that the bail application was filed prior to filing of the challan on 22-4-2013, however, the Trial Court extended benefit of Section 167(2) Proviso thereto. On filing the revision by State Government before the Sessions Court, it was allowed and the order granting bail passed by the Trial Court has been set aside, cancelling the bails of the applicants. However, this petition has been preferred.

2. Learned Counsel for the applicants referring the provisions of Section 167(2), Cr.P.C. [Proviso (a)(ii)] contended that in the present case the said offences relate to the sentence which may be extended to 10 years as