VIJAY BISHNOI,J. - (1.) Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.
(2.) The petitioners have been arrested in FIR No.147/2018 of Police Station Matora, District Jodhpur for the offences punishable under Sections 366-A IPC. They have preferred this second bail application under Section 439 Cr.P.C. Learned counsel for the petitioners has submitted that in relation to the FIR No.147/2018 of Police Station Matora, District Jodhpur, the petitioners were arrested on 22.07.2019 and the only argument raised by them before the trial court is that the police have found prima facie case against them for the offences punishable under Section 366-A IPC read with Section 7/8 of POCSO Act, however, the charge-sheet in the matter has not been filed against them within the prescribed time. Learned counsel for the petitioners has submitted that the punishment for the offence punishable under Section 366-A IPC is up to 10 years whereas the punishment for the offence punishable under Section 7/8 of POCSO Act is 3 years which may extend up to 5 years. Learned counsel for the petitioners has submitted that taking into consideration the period of sentence provided in the above referred sections, as per the provisions of Section 167(2) Cr.P.C., the police are required to file charge-sheet against the petitioners within 60 days, however, in the matter the charge-sheet against the petitioner was not filed on 21.09.2019, the day of limitation i.e. 60 days had expired but the same was filed on 09.10.2019. Learned counsel for the petitioners has submitted that the trial court has not taken into consideration this aspect of the matter and has illegally rejected the bail application of the petitioners in which it was prayed that the petitioners may be granted benefit of the compulsive bail.
(3.) Reply to the bail application has been filed on behalf of the respondent-State in which the bail application of the petitioners has been opposed.;