( 1 ) WHETHER an accused person has an absolute right to be released on bail under proviso (a) to Sec. 167 (2) of the Code of Criminal Procedure 1973 (New Code for short) even after submission of the Police report/chargesheet (chargesheet for short) if the charge-sheet has been submitted after the period prescribed in the said proviso is the question which we are called upon to answer in this application.

( 2 ) PETITIONERS are alleged to have been involved in an offence punishable under Sec. 302 read with Sec. 114 of the Indian Penal Code (I. P. C. for short) for committing murder of one Shepha Nagji. It is the prosecution case that on 17/11/1988 at about 5-30 P. M. at village Ugalwan the petitioners entered the house of the deceased Shepha Nagji and caused him injuries with Dharia and axe. Chakur Nagji who later on lodged the information at Mota Kuntwada Police Station relating to. the commission of the said offence was also injured by the petitioners with Dharia when he intervened. Shepha Nagji succumbed to the injuries caused to him by the petitioners. Petitioners were arrested by the Police on 19/11/1988 for the offence punishable under Sec. 302 read with Sec. 1