TMI Blog1978 (8) TMI 237X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts. 5. It is obvious as has been pointed out by this Court in that the period of limitation commence from the date of the sentence imposed by the trial court. That decision, however, does not contemplate stay or suspension ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The con sequence is that during the period of suspension of the sentence of fine, there is no sentence of fine to be levied. 7. Even otherwise, on first principle, it is obvious that when a party has secured a stay of collection of fine and such period of stay extends over a long stretch and conceivably may even extend beyond six years, he cannot take up the stand that thanks to the stay he has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State shall levy fine within six years from the date of the sentence. To levy is to realise or to collect. It is clear that what is meant is that within 6 years the State must commence proceedings for realisation, not complete it. It is beyond the State's power to complete the realisation proceedings, but it is within its power to initiate such proceedings. What is contemplated is that the Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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