SHAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHAM Singh son of Pritam Singh stands convicted under Sections 408 and 468, Indian Penal Code, and sentenced to five years, rigorous imprisonment, and a fine of Rs. 20,000/- in default of payment of which further rigorous imprisonment for two years under the first count, and to three years' rigorous imprisonment and a fine of Rs. 5000/- in default of payment of which further rigorous imprisonment for six months under the second. In another case, he stands convicted under Section 408, Indian Penal Code, and sentenced to one year rigorous imprisonment and a fine of Rs. 500/-; in default of payment of which further rigorous imprisonment for four months. In the third case, he again stands convicted under Sections 408 and 468, Indian Penal Code and sentenced to five years' rigorous imprisonment and a fine of Rs. 10,000/- in default of payment of which further rigorous imprisonment for 11/2 years under the first count, and to three years' rigorous imprisonment and a fine of Rs. 5000/- in default of payment of which further rigorous imprisonment for six months under the second. All the sub-stantive sentences were ordered to run concurrently.

(2.) ACCORDING to the petitioner he was convicted by the Additional Sessions Judge, Bhatinda on March 24, 1973, and he has since completed six years rigorous sub-stantive sentence on March 23, 1979 and presently is undergoing sentence in default of payment of fine. The petitioner has moved the present habeas corpus petition alleging that his detention for undergoing sentence in default of payment of fine is unauthorised and illegal inasmuch as the limitation prescribed under Section 70 of the Indian Penal Code for the recovery of fine imposed has since expired. The petitioner has, therefore, ceased to remain liable to undergo imprisonment in default of payment of fine because it cannot now be recovered. He has prayed that the authorities be directed to release him forthwith.

(3.) SECTIONS 68 and 69, Indian Penal Code, which deal with imprisonment in default of payment of fine read: