' The petitioner moved the instant habeas petition for the recovery of his brother Inam Bari alleging that he is under the illegal detention of the respondents. In fact Inam Bari stood surety for Saleem Akhtar Loanee who borrowed a sum of Rs,50,000 from the Small Business Finance Corporation, Rahimyar Khan. He failed to pay the loan as per the terms of agreement and was accordingly proceeded against under the law. The borrower disappeared. The Corporation was, therefore, constrained to apprehend Inam Bari (surety) who was consigned to Civil Prison for the non- payment of loan- by said Saleem Akhtar.
2. In all fairness, the Small Business Finance Corporation, Rahimyar Khan and its functionaries should have apprehended the loanee (Saleem Akhtar); his property should have been forfeited and in case of non-satisfaction of loan money, the Corporation should have taken action against the surety. There is no doubt or dispute that Inam Bari, stood surety for loanee but I am at pains to note that the Corporation has not taken any action against him. It was his responsibility, to return the loan money. The responsibility of the surety being secondary, he should not have been sent to Civil Prison unless efforts for the recovery of the loan amount against the loanee had finally failed, S.B.F.C. Rahimyar Khan and its functionaries were fully competent to apprehend Inam Bari and his conviction cannot be stamped illegal. However, the department has put the cart before the horse. I, therefore, admit Inam Bari/surety to bail in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of Assistant Commissioner, Sadiqabad. The respondents and its fucntionaries are directed to proceed against the loanee and in case of non-satisfaction of repayment of loan, they shall be at liberty to proceed against the surety.