JUDGMENT - S.K. SHAH, J.:---In this reference, we are required to answer the issue referred to the Full Bench by the learned Single Judge. The issue referred for consideration of Full Bench is no more res integra and stands squarely covered by the judgment of the Apex Court rendered in the case of (Uday Mohanlal Acharya v. State of Maharashtra)1, reported in 2001(5) Bom.C.R. (S.C.)(F.B.)577.

2. The learned Single Judge made reference for answering the issue as under :

"Whether the accused is vested with the right of being released on bail at the expiration of limitation stipulated in section 167(2) of the Criminal Procedure Code and that the same cannot be qualified or stand extinguished as soon as the charge-sheet is filed under section 173 of the Criminal Procedure Code?"

3. Brief facts would be necessary to understand the controversy involved and the question referred. The applicant/accused Rahemankha Kalukha came to be arrested by Kholapuri Gate Police Station, Amravati on 7-7-1993 for the offence punishable under section 302 read with section 34 of the Indian Penal Code vide Crime No. 142/93 registered at the Police Station. The application seeking bail filed by the applicant,

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