H. R. KHANNA, C.J. :- The short question which arises for determination in this case is whether an accused person can be remanded to custody for a period beyond 15 days of his arrest in the absence of a police report commonly known as charge-sheet under Sec. 173 of the Code of Criminal Procedure (hereinafter referred to as the Code). According to the petitioners' counsel unless a charge-sheet is submitted a criminal court has no power to remand an accused to custody after 15 days of his arrest and he in such an event must be released on bail. As against that the submission made on behalf of the State is that an accused be remanded to custody by the Court having jurisdiction in the matter under Section 344 of the Code and it is not obligatory to release the accused on bail after 15 days of his arrest even though the charge-sheet has not been put in the Court. The question has arisen in the following circumstances :-

The dead body of Sarjeevan Prakash alias Kaka was found in the fields in the jurisdiction of Timarpur police post on the morning of September 5, 1969. Ajit Singh and Shankar petitioners were arrested by the police on September 17, 1969 under Section 302, read wit