( 1 ) SINCE a Short point is involved, I proceed to dispose of the above appeal straight way. ( 2 ) THIS appeal is directed against the order dt. 2nd. Nov. 1996 and 23rd Nov. 1996 whereby the Ld. Lower Court forfeited the Surety Bond and imposed a penalty on the petitioner to the tune of Rs. 25,000. 00 and for failure to pay the penalty sentenced him to simple imprisonment for a period of 6 months. ( 3 ) LD. Counsel for the appellant has contended that the appellant has been in Jail since 23rd Nov. 1996. It implies there by that he w as been in custody further contends that after the imposition of the penalty efforts should have been made by mode provided under the code of Criminal Procedure. Ld. Counsel has thus submitted that no efforts w as made by the Ld. Lower Court to recover the fine. The appellant is an employee of Municipal Corporation of Delhi, the fine could have been recovered from his salary after attachment of his salary. ( 4 ) I have gone through the record. It is a fact that no effort w as made by the Ld. Lower Court to recover the fine in mode prescribed provided under Section 446 (2) of the Criminal Procedure Code. Instead the Ld. Lower Court sentenced the appellant to 6 months imprisonment and sent him to Jail. ( 5 ) CONSIDERING the above facts and circumstances, I think the order to this extent cannot be sustained. ( 6 ) THE next limit of the argument advanced by Ld. Counsel for the appellant is that it is true that the appellant failed to produce the accused which was his duty as a surety. How ever, since the appellant has already undergone a part of the sentence of imprisonment i. e. he has been in custody for the last more than 45 days, some remission should be granted in the fine imposed by him. ( 7 ) IN the above circumstances, I am inclined to reduce the fine from Rs. 25000. 00 to Rs. 10000. 00. The Ld. Lower Court would be free to recover the fine in the mode prescribed under the Code of Criminal Procedure. ( 8 ) THE appellant be set at liberty at once in case not required in any other case. Appeal stands disposed of. 25000. 00 to Rs. 10000. 00. The Ld. Lower Court would be free to recover the fine in the mode prescribed under the Code of Criminal Procedure. ( 8 ) THE appellant be set at liberty at once in case not required in any other case. Appeal stands disposed of. Trial Court record be sent back.