Stay on fine recovery suspends limitation under Section 70 IPC until the stay ends and recovery becomes legally leviable.

Where a sentence of fine is stayed by a competent appellate court, recovery cannot be enforced while the stay continues, and the limitation period under Section 70 of the Indian Penal Code does not start to run until the stay ends and the fine becomes legally leviable. The provision concerns the commencement of recovery proceedings within six years, not their completion. On that basis, proceedings initiated after the final appellate order were within time, and the objection that recovery of the fine was barred by limitation failed.

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Issues: Whether recovery proceedings for realisation of fine were barred by limitation under Section 70 of the Indian Penal Code in view of the stay orders passed during the pendency of the appeals.

Analysis: The sentence of fine had been stayed during the pendency of the appellate proceedings. While the stay continued, the fine was not leviable and the period under Section 70 of the Indian Penal Code did not begin to run. The limitation under Section 70 concerns the commencement of recovery proceedings within six years, not their completion. The earlier order of the Court had already recognised that the stay of recovery prevented limitation from running, and the subsequent recovery proceedings were initiated after the final appellate order and within time.

Conclusion: The recovery proceedings were not barred by limitation and the objection to levy of fine failed.

Ratio Decidendi: Where execution or realisation of a fine is stayed by a competent appellate court, the period of limitation for recovery under Section 70 of the Indian Penal Code does not run until the stay ceases and recovery becomes legally leviable.

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