( 1 ) THE right of an accused to be enlarged on bail u/s. 167 (2) of the Cr. P. C. after the charge-sheet is filed, is the matter in issue in this petition filed u/s. 482 of the cr. P. C.

( 2 ) IN furtherance of a complaint filed in october, 2001 against the accused alleging that by inducing the complainants minor daughter to go with him he kidnapped her, a case was registered against the accused. In that case, 1 years after the complaint, the accused (the petitioner) is stated to have surrendered before the police on 22-4-2003. He was remanded to judicial custody and that custody was extended from time to time. Since the police did not file a charge-sheet against him within 90 days, i. e. , on or before 21-7-03, he became entitled u/s. 167 (2) of the Cr. P. C. to apply for his release on bail. Such an application was filed on 23-7- 03. It is stated by the prosecution that charge-sheet was also submitted on the same day i. e. on 23-7-03. The application for bail u/s. 167 (2) of Cr. P. C. was taken up for consideration on 24-7-03, and at the request of the learned APP, the matter was adjourned to 25-7-03 and thereafter to 26- 7-03. On 26-7-03 the learned Magistrate d