S.C. Malte, J. - The petitioner seeks bail under Section 167(2) Criminal Procedure Code on the ground that even after the conclusion of 90th day of since his arrest, challan was not presented to the Court. The admitted position is that soon after the conclusion of 90th day, the petitioner submitted an application for release on bail. The trial Court issued notice to the prosecution. During the pendency of that petition, charge-sheet was submitted. The short question, therefore, would be whether the petitioner would be entitled to get the benefit of 167(2) Criminal Procedure Code in such situation.

2. The trial Court has relied on certain rulings and observed that if the challan is submitted before the accused is released on bail, he cannot be granted bail under Section 167(2) Criminal Procedure Code

3. Counsel for the petitioner, on the other hand, relied on the case of Dr. Bipin Shantilal Panchal v. State of Gujarat, 1996(1) Recent CR 506. In that case Their Lordships of the Supreme Court have made an observation that if an accused person fails to exercise his right to be released on bail for the failure of the prosecution to file the charge sheet within the time limit, he ge