WP(C) 2213/2008 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. G.N. Sahewalla, learned Sr. Counsel assisted by Ms. M. Jain, learned counsel for the petitioner as well as Mr. P. Roy, learned State C ounsel for the respondents. It is the case of the petitioner that since the stipulated perio d of 90 days as per the proviso of Section 167 (2) of the CrPC has expired, the petitioner should be enlarged on bail in connection with Dhemaji P.S. Case No. 2 02/2004 corresponding to GR Case No. 459/2004 registered under Section 120(B)/12 1/121(A)/122/302/326 IPC read with Section ¾ E.S. Act & UA(P) Act, but the learn ed Chief Judicial Magistrate (CJM) Dhemaji by his order dated 14.5.2008 has prov ided that the accused/petitioner be produced before the Court. On perusal of the order dated 14.5.2008, it appears that the acc used/petitioner has not been produced before the Court. It has been observed in the order that the accused/petitioner is not under detention in judicial custody at Central Jail, Dibrugarh in connection with the case. On the other hand, it i s the stand of the petitioner that he is under detention in connection with the case since 19.9.2006 as he was shown arrested on that day. In view of the above, this writ petition is disposed of providin g that the learned CJM, Dhemaji may consider the prayer of the petitioner in ter ms of Section 167(2) of the CrPC. Necessary order be passed upon making proper a pplication on behalf of the petitioner. In the event of enlarging the petitioner to go on bail, learned CJM shall also consider as to whether the accused petiti oner is wanted in connection with any other case. Writ petition is disposed of.