It is the law that no magistrate shall authorise the detention of the accused person in custody for a period exceeding ninety days where the investigation relates to the offence punishable with death, imprisonment of life etc., and sixty days to any other offence. If upon the completion of such periods, if the accused is ready and applies for bail, he should be released on bail. This is the statutory rule. This bail is commonly known as statutory bail.
The draft format is given below:
Before the Honourable Judicial First Class Magistrate Court at ______(enter station name)
CC/ST_______(enter case number)
Complainant: (enter name)
Application for Bail Filed by the Counsel for the Accused
1. That the accused in the above numbered case has been arrested by the ______police on ________(enter date) on charges of _______(enter charged sections) and he is in custody since then.
2. That the police has been reluctant to conduct investigation and submit its report in time. They have not filed the charge sheet in Court even after the completion of statutory time period of _______(60 or 90 as applicable) days.
3. The accused is not related to the above offences and he is ready to furnish bail.
Hence it is most respectfully prayed that this Honourable Court may be pleased to release the acccused on bail.
Dated this the ______(enter date)