Advocates appeared:

Shri P. Diwakar, Sr.. Advocate with Shri P.R. Patankar, Advocate, for the Applicants.

Shri P.K. Verma, Additional Advocate General with Shri Ashish Shukla, Additional Public Prosecutor, for the State.

Shri Kanak Tiwari,Sr. Advocate & Shri Y.C. Sharma, Advocate, Present to assist the Court.

JUDGMENT

1. 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 Under Section 439, Cr. P.C. for grant of regular bail, during the period of mandated custody of the protective umbrella shall 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 na

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