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The Control of Disorderly and Dangerous Persons (Goondas) Act, 1954 (East Bengal Act)

( ACT NO. IV OF 1954 )

Bond under Tribunal’s orders

16. (1) Every bond furnished in compliance with an order made by the Tribunal under this Act shall be in the form prescribed by the Code of Criminal Procedure, 1898, for a bond of the same description:


Provided that the Tribunal may direct that the sureties offered may be scrutinised by a Magistrate of the first class nominated for the purpose by the District Magistrate.


(2) The Tribunal may, where a person who has furnished a bond for his appearance makes default, direct, in addition to action under the other provisions of this Act, that a warrant shall be issued for the production of such person, which may be bailable or non-bailable as the Tribunal may direct.


(3) Where default is made in furnishing sureties, the Tribunal may direct that the person from whom such sureties were demanded shall be committed to prison or if he is already in prison, shall be detained in prison, until the sureties furnished or the period for which the security is demanded expires, or the Tribunal makes an order for the release of the person detained, whether conditional or otherwise.


(4) Any surety may apply to be released from obligation of his bond, and the Tribunal may, after such enquiry as it may deem fit, call upon the person who is bound down to furnish a fresh surety, and thereupon the provisions of sub-sections (1) and (3) shall apply in relation thereto:


Provided that the surety seeking release shall not be released from his obligations unless a fresh surety has been accepted in his place or in case no surety is furnished or accepted, he produces the person concerned before the Tribunal.


(5) The provisions of section 514 of the Code of Criminal Procedure, 1898, shall apply in respect of the forfeiture of bonds furnished under this Act, as if for the expression 'Court' the expression 'Tribunal' wherever applicable for the purposes of this Act, were substituted, and as if from sub-section (1) of the said section, the reference to a Magistrate of the first class were omitted, and as if in sub-section (7) of the said section-


(i) the reference to section 106 or section 118 or section 562 of that Code were replaced by a reference to clause (1)(b) of section 14 of this Act; and


(ii) the reference to a bond executed in lieu of the bond under section 514B of that Code were replaced by a reference to the proviso to clause (1)(b) of section 14 of this Act.


(6) A breach of any order made against any person under clause (1)(c) or clause (2) (a) or clause (2)(b) of section 14, or the commission of any offence which is punishable with imprisonment under any law for the time being in force and which in the opinion of the Tribunal involves or implies moral turpitude, shall amount to a breach of a bond for good behaviour which may have been furnished by him under this Act.

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