Judgment

BHAGWATI J.:- The petitioner was arrested on 10th November, 1971 in connection with an offence of theft which took place in the night between 31st October, 1971 and 1st November, 1971 in Rajasthan-Emporium at Ashoka Hotel, New Delhi. He was tried by the Additional Sessions Judge, Delhi and by an order dated l6th July, 1973 he was convicted of the offence under Section 380 of the Indian Penal Code and sentenced to rigorous imprisonment for four years and a fine of Rs. 10,000/- and in default of payment of fine, further rigorous imprisonment of one year. An appeal preferred by him to the High Court of Delhi failed and his conviction was confirmed but the substantive sentence of imprisonment was reduced to two years though the fine was enhanced to Rs. 15,000/- with one year s rigorous imprisonment in default. The order of the High Court in appeal was passed on 4th April, 1974. The petitioner did not pay the amount of fine and he was, therefore, liable under the order of the High Court to serve a maximum sentence of imprisonment for three years. Since the petitioner was continuing under detention from 10th November, 1971 during the investigation, enquiry and trial of the case