BADAR DURREZ AHMED, J.

( 1 ) THE petitioner seeks release on bail under section 167 (2) read with Section 439 of the code of Criminal Procedure, 1973 (hereinafter referred to as the 'code" ). The petitioner's case is that the investigation was not completed within the prescribed period of 90 days and, as such, he became entitled to bail-on-default which has been denied to him by the Courts below. It is also the petitioner's case that cognizance was not taken within the said period of 90 days and, therefore, his detention in custody was illegal and that the taking of cognizance on a subsequent date beyond the period of 90 days, would not cure this illegality. The submissions made by the learned counsel for the State were: 1)that investigation had, in fact, been completed and the police report had been filed within the period of 90 days and, therefore, the proviso to Section 167 (2) would not come into play and the petitioner would not be entitled to bail-on-default; 2) that cognizance was subsequently taken and, thereafter, the petitioner has been remanded to custody from time to time under Section 309 of the code and, as such, the petitioner is not in illegal custody and is not en