The investigation report and the Charge sheet are the prima facie evidence against the accused, but even if both have not been submitted by the police/prosecution within 90 days, hence the accused has the right to bail.
Dear experts please refer 167(2) Crpc.
If the charge sheet is not filed within 60 days in summons cases and 90 days in warrant cases from the date of arrest of the accused then the accused shall be released on bail. This is statutory Bail and it is not discretionary power of the magistrate.
The magistrate is bound to release the person on bail when the accused files the petetion u/s 167(2) Crpc provided that the sureities for the bail are furnished.
Dear Subramanyam, here also you are wrong. 60 days limitation is for the offences where Max. Sentence is 10 years (and not the summons case). 90 days for the offences where Max. sentence is beyond 10 years even to the extent of capital punishment.