( 1 ) THIS is an application under Section 439, Criminal P. C. by Lakshmi Brahman and Nawal Garg. The applicants pray that they may be directed to be released on bail. Since the case involved the interpretation of Section 167 (2) of the Code of Criminal Procedure, 1973, and the learned single Judge thought that there was a conflict of judicial opinion in that regard, be referred the case to a Division Bench. This is bow the case has come up before us. ( 2 ) THE two applicants Lakshmi Brahman and Nawal Garg were accused in a case under Section 302, I. P. C. They surrendered themselves before a Magistrate on 2nd November, 1974 and were taken into custody on the same day. However, the police failed to submit a charge-sheet against them, within 60 days of their arrest (the charge-sheet had not been submitted even upto 5th February, 1975 ). The applicants, therefore, moved the present application and claimed that once the police failed to submit a charge-sheet within a period of 60 days of the arrest, their detention thereafter became illegal and they were entitled to be released on bail as provided in Section 167 (2) of the Code of Criminal Procedure, 1973. In their appl