( 1 ) AS identical questions of law are involved in Criminal Misc. (Main) 251 of 1977 and Criminal Misc. (Main) 374 of 1977, they will be disposed of by this one judgment.

( 2 ) THE facts of the first petition are :

( 3 ) A case under section 302 of the Indian Penal Code was registered against Taqween Raza petitioner for the alleged murder of one Saleem Raza. The petitioner surrendered before the Additional Sessions Judge, Delhi on 18-12-1976 and prayed for the grant of anticipatory bail. The bail was, however, declined on the same day. Thereafter, on that very day the Ilaqa Magistrate remanded the petitioner to police custody for the purpose of investigation.

( 4 ) AFTER investigation, the police report under section 173 (2) of the Code of Criminal Procedure, 1973 was filed before the Metropolitan Magistrate on 16-2-1977. On behalf of the accused, it was urged that the challan in the court had been filed on the 61st day of the arrest and, therefore, under section 167 (2) proviso (a) of the Code the petitioner was entitled to the grant of bail. This argument prevailed with the learned Magistrate and on 17-2-1977, the petitioner was allowed bail on his furnishing two suret