Section 44. Release of accused when evidence deficient.

If on enquiry under this Act it appears to the officer holding the enquiry, that there is not sufficient evidence or reasonable ground to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond with or without sureties as such officer may direct, to appear if and when so required, before a Magistrate having jurisdiction to try the case.