H. Suresh, J. - This is an application for bail in the two cases bearing C.R. No 257 of 1988 and C.R. No 422 of 1988. In the first case, the petitioner has been charged under Sections. 302, 149, 143, 147 and 148 of Indian Penal Code and under Sections 25 and 27 of the Arms Act In die other case, namely, C.R. No 422 of 1988 the Petitioner has been charged under Section 307 read with Sections 149, 332 read with 149, Section 224 read with 149 Section 333 read with 149, Section 341 read with 149, Sections 143, 147 and 148 of Indian Penal Code and under Sections 25 and 27 of Arms Act. The Petitioner surrendered to the Police on 18-10-88. The Petitioner was produced before the learned Magistrate on 19-10-88 and he was remanded to the police custody. On 5-1-89, which was the 79th day of his being in custody the learned Magistrate remanded the Petitioner to the judicial custody till 19-1-89, which would be the 93rd day. Mr. Ponda says that that order remanding the Petitioner to the custody beyond 90th day is illegal.

2. However, on the 9th of January 1989, a charge-sheet was filed in the Court of the. Metropolitan Magistrate27th Court, Mulund Bombay. The learned Magistrate on tha