Bal Kishan Narwal vs State Of Rajasthan Through Pp
2021 Latest Caselaw 7044 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous (Petition) No. 4370/2015

Bal Kishan Narwal S/o Shri Sobhag Mal Narwal, aged 44 years,
R/o Near ACC Guest House, Lakheri, P.S. Lakheri, District Bundi
                                                         ----Petitioner/Accused
                                    Versus
State Of Rajasthan Through PP
                                                                 ----Respondent

For Petitioner(s)         :     Mr. Eliyas Ali
For State                 :     Mr. F.R. Meena, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

30/11/2021

1. Petitioner has preferred this Criminal Misc. Petition under

Section 482 Cr.P.C. aggrieved by order dated 19.07.20211 passed

by Judicial Magistrate First Class, Lakheri (Bundi) vide which

petitioner has been convicted and given benefit of the Probation of

Offenders Act.

2. It is contended that benefit of Section 12 of the Probation of

Offenders Act has not been given to the petitioner.

3. I have considered the contentions.

4. This Court in S.B. Criminal Revision No.1218/2018 "Hari

Singh @ Hariom Vs. State of Rajasthan" decided on 14.09.2018

has dealt with similar type of issue.

5. Section 12 of the Probation of Offenders Act is reads as

under:-

"Removal of disqualification attaching to conviction-Notwithstanding anything contained in any other law, a person found guilty of an offence and dealt with under the provisions of section 3 or

(2 of 2) [CRLMP-4370/2015]

section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under such law:

Provided that nothing in this section shall apply to a person who, after his release under section 4 is subsequently sentenced for the original offence."

6. From a bare reading of Section 12 it is crystal clear that if a

person is found guilty of an offence and is dealt with under the

provisions of section 3 or 4 of the Act he shall not suffer

disqualification, if any, attaching to a conviction of an offence

under such law.

7. It has come to the notice of this Court that time and again

Misc. Petitions are preferred seeking prayer for grant of relief

under Section 12 of the Probation of Offenders Act. This Court is

of the considered view that if a person is dealt with under section

3 or 4,the consequences of Section 12 of the Act automatically

follows and no order is required to be passed under Section 12 of

the Act as the person found guilty and dealt with under Section 3

or 4 of the Act does not suffer any disqualification, if any,

attaching to a conviction of an offence under such law.

8. Accordingly, the Criminal Misc. Petition is disposed. Stay

application also stands disposed of.

(PANKAJ BHANDARI),J ARTI SHARMA /18

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