173. Discharge from custody.

Where, after argument, the return is found to be bad or insufficient, the party on whose behalf the writ was issued is entitled to be discharged from custody1. Where, however, the person restrained in any proceedings from which an appeal lies under the Administration of Justice Act 19602 would, but for the decision of the court, be liable to be detained, and immediately after that decision the respondent to the application is granted, or gives notice that he intends to apply for, permission to appeal, the court must make:

  1.  

    (1)     an order providing for the detention of the defendant,