K. D. SHARMA, J.

( 1 ) THESE are two bail applications-S. B. Criminal Misc. Bail Applications No. 556/1982 and No. 800/1982 filed by Narayan and 12 others, in which common questions of law and facts do arise and so they are decided together by one order.

( 2 ) BEFORE dealing with the questions of law involved in these two bail applications, I deem it necessary to state in brief, the incident which gave rise to the applications. The facts thereof are as follows: on April 2, 1981, Suresh Chandra son of Phool Chand Brahmin, resident of Salrea kalan made a first information report to the police at police station, Chechat. It was alleged in the report that at about 4 p. m. on April 2, 1981. Phool Chand, Narayan, Shri Ram, Badri, Ram Karan and Ram Ratan petitioners accompanied by 20 or 25 Dhakars residents of village Sairea Kalan went to the house of one Kanhaiya Lal having armed themselves with lathis, axes, Gandasis and Jhapeta and started throwing stones in his house. Thereafter they set fire to his house. Out of fear Kanhaiya Lal and his companions, namely, Shanker, Anand and Kastura ran away from there. Kanhaiya Lal entered the quarter of one Hira Lal and bolted it from inside. The aforesaid petitioners and their associates followed Kanhaiya Lal to the house of Hira Lal and after breaking the Pattes of the roof of the quarter of Hira Lal they inflicted several injuries on the bodies of Kanhaiya Lal with Ia this, Gandas and, axes. As a result of the severe beating given to Kanhaiya Lal the hands and the feet of the latter were out and he succumbed to his injuries. The other associated of, Kanhaiya Lal namely, Shanker, Anand and Kastura also were chased by the petitioners who succeeded in catching, hold and beating Shri Anand Vallabh, as a result of which the latter died at the spot.

( 3 ) THE police registered criminal cases against the petitioners and took up usual investigation into the matter. In the course of investigation, Narayan, Ram Ratan, Shri Ram, Phool Chand Badri, Ram Karan, Kalu, Bhawani Ram, Ram Gopal, Bhawani Ram son of Hira Lal and Marigi Lal son of Kanwar Lal were arrested by the police on April 3, 1981, Gopal petitioner son of Mohan Lal was, arrested on April 13, 1981, while Mangilal son of Nathu was arrested on May 1, 1981. Apart from these petitioners, 12 others also were taken into custody by the police but they were released on bail by the High Court vide its order dated September 16, passed in S. B. Criminal Misc. Bail Application No. 720 of 1981.

( 4 ) THE contention of the learned counsel for the petitioners before me is that cognizance of the offence was not taken by the Judicial Magistrate having jurisdiction to try the cases or to commit, them for trial before the expiry of 90 days and so the petitioners were entitled to be released on bail after the expiry of the said period. In support of their above contention, the learned counsel for petitioners placed Reliance on Khinvdan v. State of Rajasthan. Babubhai Parshottamdas v. State of Gujarat2, Beni Madhav v. State of Rajasthan3 Laxmi Brahman v. State of Rajasthan4 and a few other rulings. The learned Public Prosecutor, on the other hand, contended that the charge-sheet under section 173, Criminal Procedure Code was filed in the cases in the court before the expiry of 90 days after completion of the investigation and so the power of the Judicial Magistrate to release the petitioners on bail under section 167 (2-A) Criminal Procedure Code came to an end.

( 5 ) I have considered the rival contentions mentioned above. At the outset may observe that the cognizance was not taken by the Judicial Magistrate in the cases prior to July 13, 1981, on which date the Judicial Magistrate passed an order that the charge-sheet filed by the police be registered and the case be fixed for further proceedings on July 27, 1981 Thereafter the case was again adjourned on July 27, 1981 to August 10, 1981. On August 10, 1981, the Judicial Magistrate committed the