PARTHA SAKHA DATTA, J.

(1) The order dated 23rd January, 2009 passed by the learned Additional Chief Judicial Magistrate, Kandi in the district of Murshidabad in connection with G.R. Case No. 806 of 2008 arising out of Khargram P.S. Case No. 208 of 2008 dated 24.10.1988 under sections 376(g)/458 of the Indian Penal Code refusing prayer for bail on the ground of submission of challan within the period of ninety days is under challenge.

(2) The two applicants were charge sheeted under section 376(g) of the IPC and an application for bail was moved but the learned ACJM by order dated 23rd January 2009 observed that since charge sheet was submitted within a period of 90 days they were not entitled to bail, thus, overruling the contention of the petitioners that cognizance was not taken immediate after submission of the charge-sheet.

(3) The question is whether an accused is entitled to be released on bail even when charge-sheet is submitted within the period of 90 days in an offence punishable with death or imprisonment for life on the ground that along with the submission of the charge-sheet cognizance was not taken.

(4) Mr. Mukherjee, learned advocate appearing for the peti