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Section 11: Bail in contempt case

The Contempt of Court Act, 1971Central Rules · 1971

When any person charged with contempt appears or is brought before the High Court • and is prepared,while in custody or at any stage of the proceedings,to give bail, such person shall be released on bail, if a bond for such sum of money as the Court thinks sufficient is executedwith or without sureties conditioned that the person charged shall attend at the time and place mentioned in the bond and shall continue to so attend until otherwisedirectedby the Court :

Providedthat the High Court may if it thinks fit, instead of taking bail from suchperson,dischargehim on his executinga bond without sureties for his attendance as aforesaid, or without executingsuch bond:

Provided further that on the failure of a person to comply with the conditions of the bail bond as regards the time and place of attendance, the Court may refuse to release him on bail when on a subsequent occasion in the same case he appears before the Court or is brought in custody and every such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penaltythereof.

The provisions of Sections422 to 448 and 450 of the Code of Criminal Procedure, 1973, shall so far as may be, apply to all the bondsexecutedunderthe Rule.

12. Attachment of property and warrant of arrest in certain cases - The Court may, if satisfied that the person charged is abscondingor likely to abscondor is keepingor is likely to keep out of the way to avoid service of the notice, order the attachmentof his propertyof such value or amountas it may deem reasonable.In case of criminal contemptthe Court may, in lieu of or in addition to the order of attachment of property,order issueof warrant of arrestof such person:

Provided that, in case the Court considers it fit and expedient, it may issuewarrant of arrest in the first instance.

Suchwarrant may be endorsed in the manner laid down in Section 71 of the Code of Criminal Procedure.The attachment referred to above shall be effected in the manner provided in the Code of Civil Procedure, 1908 for the attachment of property in execution of a decree for payment of money. If after such attachment, the person charged appears and shows to the satisfaction of the Court that he did not abscond or keep out of the way to avoid service of the notice, the Court shall order the release of his property from attachment upon such terms as to costs or otherwise as it may think fit.

Where this provision sits

ActThe Contempt of Court Act, 1971
Section11
Marginal noteBail in contempt case
JurisdictionCentral
StatusIn force as published by the source

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