( 1 ) THE points involved in this case are :-

1) Where the accused had surrendered before the Magistrate and was sent to judicial custody and was arrested by the police only after a notice had been sent by the Magistrate to the police, the whether the period of 90 days will begin from the date of surrender before the Magistrate or from the date of arrest by the police? 2) Whether the petitioner is entitled to the grant of bail as a matter of right after the expiry of the period of 90 days even if the challan has been filed in the Court on the 91st day i. e. the same day when the accused had made an application to the Court for being admitted to bail?

( 2 ) BEFORE I deal with these points, a few facts relevant to matter may be noted:

( 3 ) CASE FIR No. 289/95 was registered at PS Shakarpur under Section 302 against the petitioner and another person. FIR was registered on May 22, 1995 and the petitioner could not be arrested. He surrendered in the Court on May 27, 1995 and was taken into judicial custody. Notice of surrender was given to the police for 30th May, 1995 and the police, therefore, arrested the petitioner on 30th May, 1995 and the Magistrate remanded him to