( 1 ) WHETHER an accused person has an absolute right to be released on bail under proviso (a) to Section 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 chargesheet 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 Section 302 read with Section 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 November 17,1988, 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 Nota Kuntwada police station relating to the commission of the said offence, was also injured by the petitioners with Dharia which he intervened. Shapha Nagji succumbed to the injuries caused to him by the petitioners. Petitioners were arrested by the police on November 19, 1938 for the offence punishable under