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2017 Indiana Code
TITLE 34. Civil Law and Procedure
ARTICLE 25.5. SPECIAL PROCEEDINGS: HABEAS CORPUS
CHAPTER 5. Issuance of Writ
34-25.5-5-2. When persons not to be discharged from order of commitment
Universal Citation: IN Code § 34-25.5-5-2 (2017)
IC 34-25.5-5-2 When persons not to be discharged from order of commitment
Sec. 2. (a) A person shall not be discharged from an order of commitment issued by any judicial or peace officer:
(1) for want of bail, or in cases not bailable, on account of a defect in the charge or process; or
(2) for alleged want of probable cause.
(b) In cases described in subsection (a), the court or judge shall:
(1) summon the prosecuting witnesses;
(2) investigate the criminal charge;
(3) discharge, let to bail, or recommit the prisoner, as may be just and legal; and
(4) recognize witnesses when proper.
[Pre-1998 Recodification Citation: 34-1-57-14.]
As added by P.L.1-1998, SEC.21.
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