Magistrate's remand power before committal continues; no automatic bail arises after the police report is filed.

After the police report is filed in a case triable exclusively by the Court of Session, the Magistrate retains judicial authority before committal to supply copies under Section 207 and treat that stage as an inquiry within Section 2(g) of the Code of Criminal Procedure, 1973. During this interval, the Magistrate may remand the accused to custody under Section 309(2). The Code does not create any automatic or compulsory right to bail merely because the commitment order has not yet been made. The operative effect is that custody can lawfully continue until committal, subject to the Magistrate's statutory powers.

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Issues: Whether, after submission of the police report in a case exclusively triable by the Court of Session and before the order of commitment is made, the Magistrate has power to remand the accused to custody and whether that stage creates a compulsory right to bail.

Analysis: The statutory scheme shows that investigation ends with the police report under Section 170 of the Code of Criminal Procedure, 1973, and cognizance is taken by the Magistrate under Section 190. Before committal under Section 209, the Magistrate must perform the mandatory duty under Section 207 of ensuring supply of copies to the accused, which is a judicial function and not a mere administrative act. That stage constitutes an inquiry within Section 2(g), and during such inquiry the Magistrate may remand the accused to custody under Section 309(2). The Code does not contemplate an automatic or compulsory grant of bail merely because the commitment order has not yet been passed.

Conclusion: The Magistrate does have power to remand the accused to custody between receipt of the police report and the order of commitment, and no compulsory bail stage arises in that interval.

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