JUDGMENT 1. - Heard. 2. The merits of the prayer for bail, advanced on behalf of the applicants were considered in my earlier order dated 16.1.97. The first application was dismissed and thereafter the second bail application was also dismissed as withdrawn. 3. The learned counsel for the applicants, however, submitted that though the charge sheet was submitted against the applicants on the 90th day after their arrest yet copies of challan were not supplied to them either within 90 days of their arrest or even thereafter till date. Relying upon the decisions of the Madhya Pradesh High Court in the cases of Dotha v. State of M.P., 1992 (2) Crimes 1171 , Gowardhan v. State of M.P., 1993 (3) Crimes 104 And Atik Mohd. v. State of M.P., 1993 (2) Crimes 172 ) it was submitted that on the ground of non-supply of the copies of challan to the applicants, they were entitled to bail. Their Lordships of the Madhya Pradesh High Court appear to have favoured the view that where the copies of challan are furnished to accused after expiry of statutory limit, the accused becomes entitle to bail as per provisions of Section 167 (2) Criminal Procedure Code. 4. In the present case the police report had been submitted against the applicants within the period of limitation prescribed by law. The Special Judge had taken cognizance of the offence Under section 299 and 402 Indian Penal Code. Where bail to an accused has been denied Under section 439 Criminal Procedure Code on merits of the case, bail, in my opinion cannot be granted to him Under section 167 (2) Criminal Procedure Code where the charge-sheet has been filed within the period prescribed for limitation. In the present case, bail had been refused to the applicants on the merits of the case. It is difficult for me to apply the ratio of the decisions of the M.P. High Court's cases to the facts of the present case. 5. In view of the above, this III bail application of the applicants is rejected. It is, however, stressed that the learned trial Judge shall see that the copies of the documents submitted Under section 173 Criminal Procedure Code be delivered to the accused persons before they are heard on charge.Bail Application Rejected. *******