Section 25: Forfeiture of bond

25. Forfeiture of bond.___ (1) Whenever it is proved to the satisfaction of the Special Judge that a bond executed under this Chapter has been forfeited, he may call upon any person bound to pay the penalty thereof. (2) If the penalty of any part thereof is not paid, the Special Judge may proceed to recover the same by issuing a warrant for the attachment and sale of the movable or immovable property, or both, belonging to such person, or his estate if he dies after the order for forfeiture of the bond is passed. (3) When executing the warrant for the attachment and sale of the property or estate of such person, the Special Judge shall, as nearly as possible, follow the procedure for attachment and sale of property as laid down in section 88 of the Code of Criminal Procedure, 1898 (Act V of 1898): Provided that, if such person, after the attachment of his property, pays the penalty, the order of attachment shall be withdrawn. (4) If such penalty or any part thereof is not paid and cannot be recovered by such attachment and sale, such person shall be liable, by order of the Special Judge who issued the warrant, to imprisonment for a term which may extend to one year; and such imprisonment may either be simple or rigorous, as the judge may direct. (5) The Special Judge may, for reasons to be recorded, remit any portion of the penalty and enforce payment in part only.

Effective date: 1977-01-01

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