( 1 ) AN important question regarding interpretation of Clause (i) of Proviso (a) to sub-section (2) of Section 167 of the Code of Criminal Procedure, 1973 arises in this case.

( 2 ) THE petitioner was arrested in connection with a case registered at Police Station, Malviya Nagar in pursuance of an FIR No. 1069 dated 30th October, 1998 under Sections 386, 506 and 120b of the Indian Penal Code, 1860. He was produced before the Court of Metropolitan Magistrate. New Delhi on 31st October, 1998 and was remanded to police custody upto 1st November, 1998. He was remanded to judicial custody on 1st November, 1998. Later, he was released on bail pursuant to an order dated 2nd January, 1999 passed by the learned Metropolitan Magistrate, New Delhi. The said order dated 2nd January, 1999 was passed by the learned Metropolitan Magistrate on an application filed by the petitioner under Section 167 (2) of the Code of Criminal Procedure for grant of bail on the ground that the police had not filed any report under Section 173 of the Criminal Procedure Code. , and that since he had already remained in custody for a period of 60 days he was entitled to bail as of right in view of