Citation : 2022 Latest Caselaw 4630 Raj/2
Judgement Date : 7 July, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4677/2022
Dinesh Son Of Krishan Kumar, Resident Of Puhaniya, Police
Station Singhana, District Jhunjhunu (Raj).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Brahma Prakash For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
07/07/2022
Petitioner faced trial in criminal case No. 295/2011 and the
trial resulted in acquittal due to compromise of offence under
Section 341, 323 IPC however conviction was recorded under
Section 147 IPC and the trial court released the petitioner, instead
of sending to jail after due compliance under Section 3 of
Probation of Offenders Act. Prayer is that due to conviction
recorded by trial court, it should not be treated as disqualification
against the petitioner in view of the provision of Section 12 of the
Probation of Offenders Act.
Section 12 itself states that probation granted under the
provisions of the Act shall not suffer any disqualification against
the conviction therefore it is directed that anything recorded in the
judgment dated 13.06.2011 passed in criminal case No. 295/2011
by learned Judicial Magistrate First Class Khetri, Jhunjhunu shall
not be taken as disqualification against the petitioner.
(2 of 2) [CRLMP-4677/2022]
With the aforesaid observations, prayer stands allowed.
(BIRENDRA KUMAR),J
ashu /36
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