Short Note : 1. Applicants are heard on bail petition under section 439 read with proviso (a) of sub-section (2) of section 167 Cr.P.C., 1973. 2. The applicants and one Hariram were arrested for alleged offences under sections 302, 201, 120 IPC-Nadaria is the person murdered. Held: The applicants were arrested on 23-12-76. The challan was put up on 24-2-77, that is to say, 64 days after the arrest. On that day, the applicants applied for bail under proviso (a) to sub-section (2) of section 167 Cr.P.C. The challan had not been put up by then. It appears that the challan was put up 4 hours thereafter. The provisions of proviso (a) to sub-section (2) of section 167 Cr.P.C. are mandatory. Since the applicants had moved an application and were willing to furnish security for bail and the challan had not been put up within 60 days of arrest the Courts below ought to have granted bail to the applicants. 3. On merits also, it appears that the applicants were not named in the F.I.R. Though the incident took place in the night between 26th and 27th November 1976, it was on 23-12-76 that 2 eye-witnesses came up to give their statements to Police implicating the applicants with one Hariram. The applicants are said to have inflicted single injury on the knee of the deceased with Lathis while Hariram used a Ballam causing incised and penetrating wound, which is said to be the cause of the death. 4. In these circumstances, I am of the view that there is no impediment in granting bail to the present applicants. 5. The application is allowed. Applicants Mohanlal, Sitaram, Parmanand and Lalaram shall be released on bail on their furnishing security in the sum of Rs 5,000. Application allowed.