Section 166: Recovery of amount under judgment from bail/bond

1) Notwithstanding anything contained elsewhere in this Chapter, if any offender has furnished any amount as bail/bond pursuant to this Act, the fine, claimed amount, compensation or other amount payable by him or her by virtue of the judgment shall be recovered or caused to be recovered from that amount of bail/bond to the extent it is covered by such amount of bail/bond.

2) In making recovery pursuant to sub-section (1), it shall be made in order of the following priority:

(a) Fine,

(b) Claimed amount,

(c) Compensation,

(d) Any other amount, if any.

3) If the full recovery of the claimed amount, compensation or other amount cannot be made, or caused to be made, from the amount referred to in sub-section (1), only the remainder of the recoverable amount shall be recovered, or caused to be recovered, upon taking action pursuant to this Chapter.

4) Notwithstanding anything contained elsewhere in this Chapter, except where any offender pays immediately the fine, claimed amount, compensation or other amount required to be paid by him or her pursuant to the judgment or its recovery can be made pursuant to sub-section (1), the fine, compensation or other amount shall be recovered by auctioning the property, if any, furnished as security/guarantee by him or her or by any other person on his or her behalf in accordance with this Act.

5) Notwithstanding anything contained elsewhere in this Section, if any other person has provided his or her property as a bail/bond or guarantee in favour of any offender, before auctioning the property of such other person, the court shall give a notice to him or her to pay the fine, claimed amount, compensation or other amount payable pursuant to the judgment within forty-five days, and if such person pays such amount within the said time, the property up to the limit of his or her bail/bond or guarantee shall be released.

6) In the case of the remainder of the amount which cannot be recovered from the property referred to in sub-section (3), it shall be recovered by auctioning the offender’s other property; and while so making recovery, recovery shall be made in priority referred to in sub-section (2).

7) If the offender’s partition share has not been set aside for the purpose of making auction pursuant to sub-section (6), auction shall be made by setting aside his or her partition share in accordance with law.