R.C.Mishra,J.

( 1. ) Arguments heard. This is an application under proviso to sub-Section (2) of Section 167 (for short the proviso) read with S.439 of the Code of Criminal Procedure (for brevity the Code).

( 2. ) The applicant was arrested on 28.08.2009 in connection with Crime No.25/2009 registered at P.S. Mohangarh,Distt. Tikamgarh,initially, in respect of the offence punishable under Section 392 of the IPC.

( 3. ) Allegations against the applicant, in short, are that on 28.08.2009 at 9 a.m., he and his brother Sunder were conjointly involved in a robbery, in the course of which, after putting complainant Rambihari under a fear of death by placing a katta on his chest, they had relieved him of a cash amount of Rs.7,000/- and a gold chain.

( 4. ) After expiry of 60 days, the applicant claimed compulsive release on bail under the proviso by filing an application on 29.10.2009. However, the application was rejected by Judicial Magistrate First Class vide order-dated 30.10.2009 on the ground that charge-sheet reflecting commission of the offences under Sections 392 and 397 read with S.34 of the IPC, could be filed within the prescribed period of 90 days as S. 397 has to be re