STATE OF U.P. vs LAXMI BRAHMAN & ANR.

The Supreme Court held that under Section 167(2) of the Code of Criminal Procedure, 1973, a Magistrate has the power to grant bail if the investigation is not completed within the prescribed limit, provided the accused applies for it. The Court clarified that after the submission of the police report under Section 170 and before committing the accused to the Court of Session under Section 209, the Magistrate cannot authorize detention in custody under Section 167. The Court allowed the appeal, stating that the Magistrate must commit the accused to the Court of Session forthwith after the police report is submitted, as he lacks jurisdiction to remand the accused to custody until such commitment is made.