21-27-21. Remand to custody or admission to bail pending review of order discharging writ.
Pending appellate review of an order discharging a writ of habeas corpus after it has been issued, the prisoner may be remanded to the custody from which he was taken by the writ, or detained in other appropriate custody, or admitted to bail, as to the court or judge rendering the decision may appear fitting in the circumstances of the particular case.
Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, §37.5509 (3).