Judgment

JUDGMENT:- The question of law raised in the special leave petition being one which is likely to arise in more than one case, we have granted leave and heard arguments and proceed to judgment right away.

2. The short point is whether a fine imposed by a criminal court upon a convict can be realised more than six years after the date of the sentence if the appellate court or the revisional court has stayed or suspended the collection of the fine.

3. The appellant had been sentenced to two years rigorous imprisonment and a fine of Rs. 20,000 as early as 1964. More than six years thereafter the State tried to levy the fine and so the aggrieved appellant moved the High Court under S. 482, Cr. P. C. to quash the order of the Sessions Judge directing levy of the fine. The High Court, however, declined to demolish the levy proceedings because the appellant had got the levy of the fine suspended all through when he had gone up in appeal against the conviction and the sentence including the sentence of fine.

4. Section 70 of the Indian Penal Code reads:

"The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and