( 1 ) THIS application was moved by Heeraman on the 6th of January, 1975, and it was rejected by the Application Court on the 24th of January, 1975. Later Honble K. N. Seth, J. , who had rejected the bail application, recalled the order by his order dated 7-2-1975 and directed that the bail application be placed before another Judge for orders. Under the orders of the Honble the Chief Justice this has come up before me.

( 2 ) NO case for bail was made out on merits. The only contention put forward was that in view of Section 167 of the Code of Criminal Procedure (Act No. 2 of 1974 and hereinafter referred to as the Code), the applicant is entitled to bail as of right because the charge-sheet was not submitted by the police within sixty days from the date on which the applicant surrendered before the court concerned. In support of this contention the attention of the Court was drawn to the provisions of Section 167 (2. 1 (a) of the Code and also to Annexure c of the application. It may be mentioned that it is not in dispute that the applicant surrendered in the court of the Magistrate concerned on the 13th of September, 1974. While according to the applicant, the charge