Judgment L.P.N.Shahdeo, J. 1. The petitioner is being prosecuted u/s. 7 of the Essential Commodities Act and sec. 420 of the Indian Penal Code. The matter is still under investigation. Earlier prayer for bail of this petitioner was permitted to be withdrawn in Cr. Misc. 1545/91(R). 2. The present bail application has been filed under the provisions of sec. 167(2) of the Code of Criminal Procedure (shortly "the Code") for release of the petitioner as no charge-sheet has been submitted within the stipulated period of 60 days. The matter was agitated before the Special Judge who by the impugned order dated 5.6.1991. has rejected that prayer holding that the entire provision of section 167 of the Code is not applicable and therefore the petitioner is not entitled to get the privilege of bail under the mandatory provisions of sec. 167(2) of the Code Against that this present petition has been filed in which assertion has been made that the petitioner is entitled to get bail u/s. 167 (2) of the Code on the admitted fact that charge-sheet has not been submitted within 60 days and the whole matter is still under investigation. 3. Heard Mr. S.N. Gupta learned counsel for the petitioner and the learned counsel for the State. 4. It is the admitted position in, this case that the petitioner was remanded by the Special Judge on 2.4.1991. It is also the admitted position, even according to the Special Judge that charge-sheet has not been submitted in this case and the statutory period of 60 days has already terminated. The point raised in this case is that the benefits of sec. 167(2) of the Code is available to the accused in cases in which the accused is being tried by the Special Judge under the provisions of Essential Commodities Act 5. In this connection sections 12AA and 12AA(c) and (d) of the E.C. Act was referred to. The shorten the matter. without going into the merits of the case. it appears that exactly a similar situation was dealt by a Division Bench of this Court presided over the Honble Mr. Justice J. and Hon ble Mr. Justice Abhiram Singh in which exactly similar matter was raised that the provisions of sec. 167(2) of the Code is not appeal able in cases tried under the provisions of the Essential Commodities Act. Justice J. and Hon ble Mr. Justice Abhiram Singh in which exactly similar matter was raised that the provisions of sec. 167(2) of the Code is not appeal able in cases tried under the provisions of the Essential Commodities Act. The Court, while examining the whole scheme after considering the entire aspect of the matter has concluded in para 14 of the judgment. The at the benefit of sec. 167(2) of the Code is available to the accused who are being prosecuted or tried under the provisions of Essential Commodities Act It was held that if the accused is remanded u/s. 167 of the Code and if no charge-sheet is submitted within the statutory period of sixty days the provisions of sec. 167(2) of the Code will be applicable and the accused will be entitled to get bail if he is ready to furnish bail bond. 6. Therefore in view of what has been stated above the point raised in this case is concluded -by; a Division Bench of this Court and there is no scope to come to any other conclusion. 7. For the reasons stated above the petitioner. Shanker Ram, is directed to be released on furnishing bail bond of Rs. 5.000.00 (five thousand) with two sureties of the like amounts each to the satisfaction of the Special Judge, E.C. Act, Ranchi under the provisions of sec. 167(2) of the Code of Criminal Procedure in connection with Kotwali P.S. case No. 191/91.