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.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 25.5. Special Proceedings: Habeas Corpus
34-25.5-5-1. Limitation on Questioning Legality of Judgment or Process
34-25.5-5-2. When Persons Not to Be Discharged From Order of Commitment
34-25.5-5-3. Writ Issued to Let a Prisoner to Bail
34-25.5-5-4. Notice of Discharge to Person Having Interest in Detention of Prisoner
34-25.5-5-5. Immunity of Sheriff or Officer Obeying Writ or Order of Discharge