( 1 ) RULE. Mr S J Dave, learned Addl. Public Prosecutor waives service of rule for the State. By consent of the learned Advocates for the parties, this matter is being heard and disposed of.

( 2 ) THIS is an application for bail under section 439 of the Criminal Procedure Code, 1973 (for short, the Code) read with section 167 (2) thereof. The petitioner has been arrested in UMRA police station in connection with C. R. No. I. 79/2001 involving offences including offence punishable under Section 304 of IPC on 2. 3. 2001. The petitioner alleges that despite the expiry of the period of 60 days from the date of his arrest, the charge-sheet was nota filed against him and hence he is entitled to be released on bail under section 167 (2) of the Code. He, therefore, prays for his release on bail in the aforesaid offence.

( 3 ) MR S J Dave, learned APP has objected to the grant of this application. It is his contention that the trial court has dismissed a bail application of the petitioner and hence the petitioner is required to file Criminal Revision Application under section 397 of the Code and that an application for bail under section 439 of the Code is not maintainable. N