(1.) HEARD learned counsel for the parties. During the course of hearing of application for bail, learned counsel for the State has submitted that the petitioner was arrested on 27.10.2006 and the challan in the case has not been filed. It is submitted that the challan has not been filed as two other co-accused, namely, Baljit Singh and Mela Singh are yet to be arrested. Keeping in view the fact that a period of 90 days has lapsed from the date of arrest of the petitioner, the petitioner would be entitled to release on bail in view of the provisions of Section 167(2) Cr.P.C. The present petition is disposed of with the direction to the Criminal Misc. No.6750-M/2007
(2.) LEARNED Illaqa Magistrate to forthwith consider the release of the petitioner in terms of Section 167(2) Cr.P.C. Copy of this order be given dasti attested under the signatures of Court Secretary.