V. S. DAVE, J, J.

( 1 ) THIS is an application for bail filed under Section 439 Cr. P. C. in a case under Sections 302 and 307 IPC.

( 2 ) ALLEGATION against the accused-petitioner is that on mid-night of 4th July, 1991 the accused petitioner alongwith certain persons went to the house of deceased Dharmendra Singh and killed him by firing the gun. After investigation and committal a charge has been framed against him for offence under Sections 302, 460, 420 and 307 IPC and Section 3/25 and 3127 of the Arms Act. The application has been filed on the legal ground that charge-sheet against him has not been presented within 90 days of his arrest which made him entitled to bail in terms of the proviso (a) of S. 167 (2) Cr. P. C. It is alleged by him that he too had sustained injuries in the incident and the Station House Officer, Police Station, Bhanwargarh, District Baran admitted him to the hospital on 5th July, 1991 and as such he was in constructive custody of the S. H. O. , P. S. Bhanwargarh, though a formal arrest memo has been prepared on 6th July, 1991. According to him the charge sheet in the case has been filed in the court of Judicial Magistrate 1st class, Baran on 4t