J. N. PATEL, J. :- The learned single Judge of this court while dealing with the application filed by the accused seeking their release on bail on the ground that the prosecution has failed to submit charge-sheet under section 167 (2) of the Criminal Procedure Code within the stipulated period i.e within 60 days from the date of their arrest, was required to make a reference to the larger bench and this is how matter has been assigned to us.

2. The question which is referred to the Division Bench can be culled out from para 7 of the order which reads as under:

"7. There is, therefore, a clear conflict on the issue whether the provisions of section 167(2) (a) (i) is attracted or the provision of section 167(2)(a)(ii) are attracted in respect of the decisions of two learned single Judges of this court on the one hand and the one learned single Judge of this court on the other hand. Therefore, in my view, it would be appropriate if the matter is referred to the Division Bench. Neither the learned counsel for the applicants nor the learned APP for the state has invited my attention to any other judgment of the Supreme Court on this point besides the judgment in the case of Rajeev Chaud

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