K. S. SIDHU J.

( 1 ) THIS Full Bench has been constituted to deal with a number of connected references, calling for answers to certain questions of law, arising out of several bail applications pending before different Single Benches of this Court. We may state here a few facts which would be helpful in appreciating the background resulting in the making of these references, and defining for ourselves the exact nature of the controversy.

( 2 ) MAHESH Chand, Soveran Singh, Srichand and Sajjan Singh are the petitioners, respectively, in the applications listed at serial numbers 1 to 4 in the title above. Mahesh Chand is one of the accused in a case registered by the police under Ss. 394 and 397 I. P. C. He was arrested in this case on Sept. 27, 1983. Sovaran Singh, Srichand and Sajjan Singh were arrested in three separate cases under S. 302 I. P. C. on April 17, Aug. 13 and Sept. 7, 1983 respectively. After the rejection of his application for bail by the Sessions Judge, Mahesh Chand applied to this Court for release on bail on grounds, inter alia, that the Magistrate concerned remanded him to custody under S. 167 Cr. P. C. in contravention of the mandatory provisions of t