Form No. 52 of BNSS : Form No. 52: WARRANT OF ATTACHMENT AGAINST A SURETY

Explanation using Example

Example 1:

Scenario: Ramesh is a surety for his friend Suresh, who is out on bail for a criminal case. Ramesh has signed a bond agreeing to pay ₹50,000 if Suresh fails to appear in court.

Situation: Suresh fails to appear in court on the scheduled date, and the court declares that Ramesh has defaulted on his surety bond.

Application of Act:

• The court issues a Warrant of Attachment against Ramesh under Form No. 52.
• The warrant authorizes the police to attach any movable property of Ramesh within the district.
• The police seize Ramesh's motorcycle and other valuables.
• Ramesh is given 15 days to pay the ₹50,000.
• If Ramesh fails to pay within 15 days, the seized property will be sold to recover the amount.

Example 2:

Scenario: Priya stands as a surety for her brother Rajesh, who is granted bail in a fraud case. Priya signs a bond for ₹1,00,000, ensuring Rajesh's appearance in court.

Situation: Rajesh absconds and does not attend his court hearings, leading to Priya's default on the surety bond.

Application of Act:

• The court issues a Warrant of Attachment against Priya under Form No. 52.
• The warrant instructs the authorities to attach any movable property of Priya within the district.
• The police seize Priya's laptop, television, and other household items.
• Priya is given 10 days to pay the ₹1,00,000.
• If Priya does not pay within 10 days, the attached property will be auctioned to recover the penalty amount.

Example 3:

Scenario: Anil acts as a surety for his cousin Vinay, who is released on bail in a theft case. Anil signs a bond for ₹25,000, guaranteeing Vinay's court appearances.

Situation: Vinay skips his court date, and Anil defaults on the surety bond.

Application of Act:

• The court issues a Warrant of Attachment against Anil under Form No. 52.
• The warrant directs the police to attach any movable property of Anil within the district.
• The police seize Anil's mobile phone and other personal items.
• Anil is given 7 days to pay the ₹25,000.
• If Anil fails to pay within 7 days, the seized items will be sold to cover the bond amount.