JUDGMENT - A.V. SAVANT, J.:---Heard Shri Marwadi, for the petitioners and Smt. Pingulkar, Assistant Public Prosecutor, for the State.

2. This is an application for bail. The charge is under section 302 of the Indian Penal Code. The petitioners had earlier applied to the Sessions Court for bail on 26th October 1992 on the ground that though they were arrested on the 10th July 1992, the remand was obtained on the 11th day of July 1992 and the charge-sheet was filed on the 91st day i.e. to say on the 9th October 1992. In view of the decision of the Supreme Court in the case of (Cheganti Satyanarayana and others v. The State of Andhra Pradesh)1, reported in A.I.R. 1986 Supreme Court p. 2130, it is clear that the period of 90 days begins to run from the date of the order of remand and not from any earlier date when the accused was arrested. It does appear that the charge-sheet was despatched on the 8th October 1992, which was the 90th day, taking 11th July 1992 as the first day. However, the learned Sessions Judge took the view that after the charge-sheet was already submitted, the right if any, for being enlarged on bail under Proviso (a) to section 167(2) of the Code of Criminal Proced

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