Where a bond has been forfeited, the court shall record the grounds of such proof and may call upon the person bound by such bond to pay the penalty thereof, or to show cause why it should not be paid. If the person so ordered does not comply with the above, the court may proceed to recover the same as if such penalty were a fine imposed by it under the Code, i.e., by issuing a warrant for the levy of the amount by attachment and sale of his movable property or his estate if he be dead, or by issuing a warrant to the Collector of the district authorizing him to realize the amount as arrears of land revenue from the movable or immovable property of the defaulter.
If such penalty cannot be recovered by such attachment and sale, the person so bound may, by order of the court, be imprisoned in the civil jail for a term not exceeding six months. Where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months.
The Court may after recording its reasons for doing so remit any portion of the penalty mentioned and enforce payment in part only. Where a surety to a bond dies before the forfeiture of his bond, his estate shall be discharged from all liability in respect of the bond. (Section 446)
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ADVERTISEMENTS:
In cases of forfeiture the person from whom such security was demanded, shall be required to furnish fresh security and on his failure, will be dealt with as if he had made a default in complying with the original order.
Cancellation of bond and bail bond:
Without prejudice to the provisions of Section 446 where a bond under this Code is for appearance of a person in a case and it is forfeited for breach of a condition—
ADVERTISEMENTS:
(a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and
(b) Thereafter no such person shall be released only on his own bond in that case, if the police officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its conditions:
Provided that subject to any other provision of this Code he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the Court, as the case may be, thinks sufficient. (Section 446-A)
Procedure in case of insolvency or death of surety:
ADVERTISEMENTS:
In case of death or insolvency of a surety the court may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order and, if such security is not furnished, the court may proceed as if there had been a default in complying with the original orders. (Section 447)