(1) Where a bond under this Sanhita is for appearance, or for production of
property, before a Court and it is proved to the satisfaction of that Court, or of any Court to
which the case has subsequently been transferred, that the bond has been forfeited,
or where, in respect of any other bond under this Sanhita, it is proved to the satisfaction of
the Court by which the bond was taken, or of any Court to which the case has subsequently
been transferred, or of the Court of any Magistrate of the first class, that the 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.
Explanation.—A condition in a bond for appearance, or for production of property,
before a Court shall be construed as including a condition for appearance, or as the case
may be, for production of property, before any Court to which the case may subsequently
be transferred.
(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed
to recover the same as if such penalty were a fine imposed by it under this Sanhita:
Provided that 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.
(3) The Court may, after recording its reasons for doing so, remit any portion of the
penalty mentioned and enforce payment in part only.
(4) 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.
(5) Where any person who has furnished security under section 125 or section 136 or
section 401 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 496, 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.
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