( 1 ) LEARNED for the applicants and the learned Government Advocate have been heard ; they are agreed that the revision may be finally heard and disposed of today.

( 2 ) REVISION has been filed against the order of the Chief Judicial Magistrate, Banda passed under Section 167 (2) (a) of the Code of Criminal Procedure 1973. The learned Magistrate has directed the applicants to be released on bail but has attached the unwarranted condition which runs as under:

But this order shall be deemed to be vacated and cancelled as soon as a charge-sheet against him is received in the court.

( 3 ) SECTION 167. Criminal P, C. does not contemplate such a conditional order of bail. Proviso (a) to Sub-section (2) of Section 167 Criminal P. C. reads as under:

The Magistrate may authorise detention of the accused person, otherwise than in custody of the police beyond the period of fifteen days if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this section for a total period exceeding sixty days, and on the expiry of the said period of sixty days, the accused person shall be released on bai