( 1 ) THE following order of the Court was passed by L. C. Bhadoo, ag C J.-One of us, Learned Brother (Justice sunil Kumar Sinha), has referred the following question to be adjudicated by a Larger Bench, that is how the matter has been placed before us :-"whether a petition filed u/s 439 cr. P. C. for grant of regular bail, during the period of mandated custody of the protective umbrella shae be maintainable even after expiration of the period of mandated custody during the pendency of such application without the applicants being surrendered to the custody? or such petitions would not be maintainable after expiration of the period of protective umbrella opened in favour of the applicants and that shall be dismissed as not maintainable after expiration of the said period?

( 2 ) IN order to appreciate point of reference made by Brother Justice Sinha, it is necessary to narrate brief facts leading to making of this reference.

( 3 ) APPLICANTS namely, Pramod Kumar mehta and Ankit Mehta were apprehending their arrest in Crime No. 330/2006, registered at Police Station Jamul, District: Durg for offence punishable under Section 379 read with section 34 of the IPC an