ORDER

1. Leave granted.

2. The High Court of Madhya Pradesh, on 19-1-1994, in Criminal Miscellaneous Case No. 3492 of 1993, passed an order of compulsive bail holding the accused-respondents entitled to it by virtue of the provisions of Sections 167(2) of the Code of Criminal Procedure on the basis that 90 days from the date of the authorised detention of the respondents had expired and the challan had not been filed within that duration, entitling them to bail. It would be relevant to mention that the respondents are accused of offences punishable with death or life imprisonment under Section 302 IPC etc. Unfortunately, the factual details of the crime have not been made available to us. All the same, it is pertinent to note that the accused-respondents on 3-9-1993 were sent by the Magistrate concerned to judicial custody which custody, under orders, was extended from time to time. On 2-12-1993, the challan was submitted in the court where after the accused-respondents applied for compulsive bail, as according to them, the period of 90 days expired on 1-12-1993 and on the premise that their right to compulsive bail survived even after the challan was filed. The High Court agreeing w