Judicial Magistrate & Sessions Court, Patiala
Bail Applications, Patiala District Court
Regular bail is applied for once a person is in custody. Where the application lies depends on whether the offence is bailable, and on which court is seized of the matter.
How it ordinarily proceeds.
The usual course is set out below. Individual matters vary with the facts, the sections invoked and the court's board.
- 01Custody detailsThe FIR number, police station, sections invoked, date of arrest, and the court where the accused was produced.
- 02Choosing the forumBailable offences are dealt with by the Magistrate. For non-bailable offences the application ordinarily lies to the Sessions Court.
- 03Drafting and filingThe application sets out the grounds — period in custody, nature of the allegations, the stage of investigation, and any parity with co-accused.
- 04Reply and hearingThe prosecution files a reply. The court hears both sides, usually within a few working days of filing.
- 05Order and releaseIf granted, bail bonds and sureties are furnished before the concerned court, and the release warrant is sent to the jail.
Common questions
Questions that come up.
How long does a bail application take?
It varies with the court's board and the stage of investigation. A listing within a few working days of filing is common at Patiala, though this is not a guarantee in any particular matter.
What is needed for sureties?
Sureties furnish bonds in the amount fixed by the court, supported by proof of identity and of means such as property documents. The court specifies the requirements in its order.
What if bail is refused?
A refusal by the Magistrate or Sessions Court may be taken further to the Sessions Court or the High Court respectively, depending on which court refused it.
Can bail be applied for before the charge sheet?
Yes. Bail may be moved at any stage after arrest. Separately, a right to default bail arises if the investigating agency does not file the charge sheet within the statutory period.
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