MOHINDER SINGH Vs. STATE

JUDGEMENT

(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.