(2) The 1[Provincial Government] may make rules2 regulating the manner in which warrants
under subsection (1), clause (a), are to be executed, and for the summary determination of any
claims made by any person other than the offender in respect of any property attached in execution
of such warrant.
(3) Where the Courts issue a warrant to the 3[District Officer (Revenue)] under subsection
(1), clause (b), such warrant shall be deemed to be a decree, and the Collector to be the decree
holder, within the meaning of the Code of Civil Procedure, 1908 (V of 1908), and the nearest Civil
Court by which any decree for a like amount could be executed shall, for the purposes of the said
Code, be deemed to be the Court which passed the decree, and all the provisions of that Code as to
execution of decrees shall apply accordingly :
Provided that no such warrant shall be executed by the arrest or detention in prison of the
offender.]
387. Effect of such warrant. 4[A warrant issued under section 386, subsection (1), clause (a),
by any Court] may be executed within the local limits of the jurisdiction of such Court, and it shall
authorize the 5[attachment] and sale of any such property without such limits, when endorsed by
the 3* * * Magistrate 6* * * within the local limits of whose jurisdiction such property is found.
7[388. Suspension of execution of sentence of imprisonment.(1) When an offender has
been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is
not paid forthwith, the Court may—
(a) order that the fine shall be payable either in full on or before a date not more than thirty
days from the date of the order, or in two or three instalments, of which the first shall be
payable on or before a date not more than thirty days from the date of the order and the
other or others at an interval or at intervals, as the case may be, of not more than thirty
days, and
(b) suspend the execution of the sentence of imprisonment and release the offender, on the
execution by the offender of a bond, with or without sureties, as the Court thinks
fit, conditioned for his appearance before the Court on the date or dates on or before
which payment of the fine or the instalments thereof, as the case may be, is to be
made; and if the amount of the fine or of any installment, as the case may be, is not
realised on or before the latest date on which it is payable under the order, the Court
may direct the sentence of imprisonment to be carried into execution at once.
1 Subs. by A.O., 1937, for “L.G”.
2 For “Karachi” Rules for Recovery of Fines, 1960, see Gaz. of Karachi, 1960, Pt. II, pp. 8384.
3 Subs. and omitted by Ord. 37 of 2001, S. 6364 (w.e.f 14082001).
4 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 103, for “Such warrant”.
5 Subs. ibid., for “distress”.
6 The words “or Chief Presidency Magistrate” omitted by A.O., 1949, Sch.
7 Subs. by the code of Criminal Procedure (Second Amdt.) Act, 1923 (37 of 1923), s.3, for the original s. 388.
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