Amendment status not verified — confirm the current text below against the official source.
(1) When a person, in respect of whom an order requiring him to furnish security is made under section 106 or 117 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), is at the time of such order sentenced to or is undergoing a sentence of imprisonment, the period for which such security is required shall commence on the expiry of such sentence. In other cases, such period shall commence on the date of such order being passed, unless the Magistrate, for sufficient reasons, fixes a later date. If such a person fails to give security on or before the date of expiry of his substantive sentence, he shall be detained in prison until the expiry of the period for which security is required to be furnished, or until the requisite security is furnished. It is not necessary in such cases that a formal warrant shall be issued by the Magistrate for the detention of such person in the prison after the expiry of the substantive sentence. Illustration.- A prisoner, while undergoing three months imprisonment, is ordered by a competent court to execute a bond under section 106 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) for keeping peace for a term of six months and execute a bond in a sum of Rupees Twenty-five Thousand with one surety for a like amount, fails to give security on or before the date on which the three months substantive imprisonment expires, he shall be detained in prison until he furnishes the required security, or until the term for which such security is to be given is completed, but no formal warrant is necessary for such detention. 1248 HARYANA GOVT. GAZ. (EXTRA.), DEC. 30, 2022 (PAUS. 9, 1944 SAKA) (2) If a person, while undergoing imprisonment in terms of an order under Section 122 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) in default of furnishing security, is convicted of an offence committed prior to the making of such order, and is sentenced to undergo imprisonment, such sentence shall commence from the date on which it was passed; and if such sentence expires before the period for which the person is undergoing imprisonment in default of giving security, he shall be detained for the remainder of such period. If, however, a person while undergoing imprisonment in default of furnishing security is convicted of an offence committed after issue of the order under section 122 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), and is sentenced to imprisonment, such sentence shall commence at the expiration of imprisonment for failure to furnish security, unless the Court directs that such sentence shall run concurrently with the imprisonment for failure to furnish security. (3) Any sentence awarded under the Act or the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 (15 of 2022) shall commence on the expiry of imprisonment in default of furnishing security or from the date of receipt in the prison of intimation that the security has been furnished. (4) Where a prisoner, who is already undergoing a substantive sentence of imprisonment, has been ordered to undergo a further sentence in default of furnishing security for keeping peace or good behaviour under Chapter VIII of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the order shall be brought to the notice of the District and Sessions Judge to whom such Judicial Magistrate is subordinate. (5) The period mentioned in sub-section (2) of section 122 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall be counted from the date of the order of the District and Sessions Judge or the High Court, unless the latter specifically directs in the warrant that it is to be counted otherwise, in which case the direction of the superior court shall be complied with. (6) Detention for failure to give security is not a substantive sentence of imprisonment within the meaning of section 427 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). Procedure when sentence is suspended.