NATABAR PARIDA BISNU CHARAN PARIDA BATAKRUSHNAPARIDA BABAJI vs STATE OF ORISSA

The Supreme Court held that a Magistrate has the authority to remand an accused to custody during the investigation process under Section 344 of the Code of Criminal Procedure, 1898. The Court clarified that there is no inherent power of remand unless conferred by law, and that under proviso (a) to Section 167(2) of the Code of Criminal Procedure, 1973, an accused must be released on bail if the investigation is not completed within 60 days. The Court found that the High Court erred in assuming such inherent power existed, thus upholding the rights of the accused to be released on bail under the specified conditions.