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1. By the instant criminal second bail application under Section 439 read with Section 167(2) CrPC, petitioner Hira Lal seeks bail on the ground that for a period of 60 days from the date of his production before the Magistrate, the police failed to file the challan and, therefore, the applicant filed an application seeking bail on the ground that the Magistrate is not competent to authorise detention of the petitioner after 60 days from the date he was initially produced before the Magistrate. The bail application filed by the applicant came to the rejected by the learned Sessions Judge vide order dated 1.12.2004 holding therein that the period for filing the challan is 90 days and not 60 days.

17. Therefore, having regard to the facts and circumstances of the case, I consider it just and proper to allow this second bail application filed by the application-petitioner under Section 439 read with Section 167(2) Cr.P.C. and it is directed that petitioner Hira Lal S/o Shri Narayan Lal Teli be released on bail in FIR No. 127/2004 of Police Station, Khairoda, district Udaipur, provided he executes a personal bond for a sum of Rs. 20,000/- with two sound and solvent sureties in the sum of Rs. 10,000/- each to the satisfaction of the learned Trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.