Honble GODARA, J. – Admitted. The learned P.P. for the respondent-State accepts notice. (2). With the consent of the parties, the appeal has been heard on merit. (3). This appeal arises out of order dated 10.12.1996 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Court, Pratapgarh, which has been passed in Cr.Misc. Case No. 90/94. (4). The appellant appeared as a surety for the accused-Gamer Singh in Cr. Case No. 79/93 in the trial Court thereby undertaking to produce the accused on each hearing and, in default, to pay a sum of Rs. 5,500/- but since the accused-Gamer Singh absented on 4.6.1994 and, therefore, proceedings u/s. 446, Cr.P.C. were initiated against the accused as well as his surety (appellant). Since the appellant failed to put in his appearance on 20.11.1995, even after service of notice so issued and accordingly, on his non-appearance, an order was passed pursuant to sub-sec. (2) of Sec. 446, Cr.P.C. thereby to proceed further to recover the amount of surety bond as penalty and a warrant of attachment for the purposes of recovery was ordered to be issued. Since the warrant could not be executed and, lastly, vide order dated 9.5.1996 the learned trial Judge ordered that a notice be inserted on the warrant for its execution. Lastly, on 5.12.1996, the learned trial Court vide his impugned order passed on the application purporting to have been presented u/s. 446(3), Cr.P.C., it was ordered that since the amount of surety bond ordered to be recovered as a penalty, as above, could not be executed nor could the accused-Gamer Singh be arrested and, therefore, since the appellant represented that he was unable to pay the amount of penalty so imposed on him, the amount of penalty so levied be remitted. The learned trial Judge, however, since the amount of penalty so levied could not be recovered, as per the admission of the appellant himself, further observed that the Court was left with no alternative but to impose a civil imprisonment of two months in lieu thereof. Accordingly, the appellant was sent to civil jail. (5). The learned trial Judge, however, since the amount of penalty so levied could not be recovered, as per the admission of the appellant himself, further observed that the Court was left with no alternative but to impose a civil imprisonment of two months in lieu thereof. Accordingly, the appellant was sent to civil jail. (5). The learned counsel for the appellant represents that since, as per the order dated 10.12.1996 passed by the learned trial Judge, accused Gamer Singh has also been arrested and has been confined to judicial custody and the amount of his personal bond was also ordered to be issued and, in default, he has been simi- larly ordered to undergo civil jail for a period of two months. Looking to the nature of the offences alleged, it has been further argued that since the accused-petitioner is nomadic and belongs to a socially and economically backward strata of society and he has been in custody since 5.12.1996 and, therefore, it has been requested that since he has already suffered rigour of being confined to civil jail for more than one month and, therefore, it is a fit case in which amount levied as penalty in respect of the amount of the surety bond furnished by the appellant be remitted. (6). After hearing the parties and giving the considered thought to the order under appeal and the facts and circumstances discussed above, presently, this appeal deserves to be accepted in part. Therefore, this appeal deserves to be accepted partly. (7). Accordingly, this appeal is partly accepted and the amount of surety bond ordered to be recovered as penalty under the impugned order is reduced to Rs. 2,000/- instead of Rs. 5,500/- thereby granting of remission of the remainder amount of the surety bond. (8). As a result, it is further ordered that in case the appellant deposits the above sum of Rs. 2,000/- in the trial Court, he shall be immediately set at liberty. A copy of this order may be sent to the trial Court urgently.