S.S.Dewan, J.

1. This is a petition for bail on behalf of the petitioners who are accused of offences under Sections 148/302/307/149, Indian Penal Code. They instead of being arrested by the police straightaway surrendered themselves in the court of Chief Judicial Magistrate, Sonepat on 20-11-1987 who sent them to judicial custody. On an information being received about their aforesaid detention in judicial custody, the police formally arrested them from the court of the aforesaid Magistrate on 30.11-1987 and kept them in police custody for the maximum period permitted under sub-section (2) of Section 167 of the Criminal Procedure Code (for short, the Code). It is not disputed that the challan was put in the court on 27.2.1988. The petitioners have claimed bail by virtue of the provisions of clause (a)(i) of sub-section (2) of Section 67 of the Code which provides that no Magistrate shall authorise the detention of the accused person in custody under this section for a total period exceeding 90 days and on the expiry of the said period of 90 days, the accused person shall be released on bail if he is prepared to and does furnish bail.

2. Mr. Ashok Chaudhary, learned