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.