S.S.Saron, J.

1. Learned counsel for the petitioner submits that the petitioner had surrendered before the Court of learned Chief Judicial Magistrate, Ludhiana on 9.8.2004 and he was taken into Police remand on 11.8.2004. It is contended that the period of 90 days for filing the challan expired on 7.11.2004 and the petitioner filed an application for bail in terms of Section 167(2) Cr.P.C. on 8.11.2004 which was after the expiry of 90 days. Therefore, a right accrued in favour of the petitioner for being released on bail. Even otherwise it is contended that the case is triable by a Magistrate and, therefore, the petitioner is entitled to the concession of bail as he is in custody since 9.8.2004 and his custody is not further required for the purpose of investigation.

2. In response, learned counsel for the State submits that even though the case is triable by the Magistrate, the petitioner is not entitled to the concession of bail as the offence under Section 409 IPC is punishable for imprisonment upto ten years which may extend upto life. It is contended that the petitioner was arrested on 11.8.2004 and the challan was filed within 90 days on 8.11.2004.

3. I have given my