Cr.P.C Section 514 | Procedure on forfeiture of bond.

Cr.P.C Section 514

Procedure on forfeiture of bond.

(1) Whenever it is proved to the satisfaction of the Court by which a bond under this Code has been taken, or of the Court of a [* * *] Magistrate of the first class,
or, when the bond is for appearance before a Court, to the satisfaction of such Court,

that such bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof, or to show cause why it should not be paid.

(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same by issuing a warrant for the attachment and sale of the moveable property belonging to such person or his estate if he be dead.

(3) Such warrant may be executed within the local limits of the jurisdiction of the Court which issued itอพ and it shall authorize the 1[attachment] and sale of any moveable property belonging to such person without such limits, when endorsed by the [District Officer (Revenue)] [* * *] within the local limits of whose jurisdiction such property is found.

(4) If such penalty is not paid and cannot be recovered by such attachment and sale, the person so bound shall be liable, by order of the Court which issued the warrant, to imprisonment in the civil jail for a term which may extend to six months.

(5) The Court may, at its discretion, remit any portion of the penalty mentioned and enforce payment in part only.

(6) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond [* * *].

(7) When any person who has furnished security under section 106 or section 118 [* * *] is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 514B, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved.]

Explanation of Cr.P.C Section 514

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