FORM NO. 50. - Warrant of attachment against a surety. of CrPC : FORM NO. 50. - Warrant of attachment against a surety.

Explanation using Example

Example 1:

Scenario: Ramesh is a surety for his friend Suresh, who is accused in a criminal case. Ramesh has signed a bond of ₹50,000 to ensure Suresh's appearance in court.

Situation: Suresh fails to appear in court on the scheduled date, thereby defaulting on the bond.

Application of Act:

• The court issues a Warrant of Attachment against Ramesh.
• The warrant states that Ramesh has forfeited ₹50,000 to the Government due to Suresh's non-appearance.
• The warrant authorizes the police to attach any movable property of Ramesh within the district.
• If Ramesh does not pay the ₹50,000 within 15 days, the attached property will be sold to recover the amount.
• The police must report back to the court immediately after executing the warrant.

Outcome: The police seize Ramesh's motorcycle and other valuables. Ramesh fails to pay the ₹50,000 within the given time, so the seized items are auctioned to recover the amount.

Example 2:

Scenario: Priya stands as a surety for her brother Rajesh, who is facing charges in a criminal case. Priya signs a bond of ₹1,00,000 to ensure Rajesh's appearance in court.

Situation: Rajesh absconds and does not appear in court on the trial date.

Application of Act:

• The court issues a Warrant of Attachment against Priya.
• The warrant specifies that Priya has forfeited ₹1,00,000 to the Government due to Rajesh's default.
• The warrant authorizes the police to attach any movable property of Priya within the district.
• If Priya does not pay the ₹1,00,000 within 10 days, the attached property will be sold to recover the amount.
• The police must report back to the court immediately after executing the warrant.

Outcome: The police seize Priya's car and other household items. Priya manages to arrange the ₹1,00,000 within the 10-day period and pays the amount to the court, thereby preventing the sale of her attached property.