ISSUE:
Whether a Magistrate has the power to remand an accused to custody beyond the period prescribed under Section 167(2) of the Code of Criminal Procedure, 1973, during the investigation stage?
Whether an accused must be released on bail under proviso (a) to Section 167(2) if the investigation is not completed within the statutory period of 60 days?
Whether pending investigations that commenced under the Code of Criminal Procedure, 1898, should be governed by the old Code or the new Code?
RULE:
A Magistrate has no inherent power to remand an accused to custody unless such power is conferred by law. Section 344 of the old Code permitted remand only when sufficient evidence had been collected to raise a suspicion and further evidence was likely to be obtained through continued detention. There is no general power of remand outside statutory provisions.
An accused must be released on bail under proviso (a) to Section 167(2) if the investigation is not completed within 60 days. The provision is mandatory and does not confer any discretion on the court. Detention beyond the statutory period is not permissible even if the investigation remains incomplete.
Pending investigations initiated before the new Code came into force must continue under the old Code. Section 484(2)(a) mandates that any investigation pending before the commencement of the new Code must be conducted under the provisions of the old Code, including rules on remand and bail.