In a recent ruling, the Supreme Court of India has granted the appellant, Amit Singh, the benefit of Section 12 of the Probation of Offenders Act, 1958, after challenging the High Court's denial of the same in his case. The appellant was convicted under Sections 3/25 of the Arms Act, 1959, following his involvement in a 2003 criminal case.
The case stemmed from an FIR registered against Amit Singh and six other co-accused in Rajasthan, related to an attempt to commit dacoity. The Trial Court had initially convicted the appellant under Sections 399/402 of the IPC and Sections 3/25 of the Arms Act, sentencing him to two years of rigorous imprisonment for the IPC charges and one year for the Arms Act violations.
Upon appeal, the High Court modified the Trial Court’s decision, quashing the conviction under Sections 399/402 IPC but affirming the conviction under the Arms Act. The High Court also granted the benefit of probation under Section 4 of the Probation of Offenders Act, 1958, directing the appellant to enter into a personal bond with sureties.
However, despite this relief, the appellant's application for the removal of disqualification under Section 12 of the Probation of Offenders Act was rejected by the High Court, which claimed it was functus officio and could not review its own order.
In response, the Supreme Court considered the appellant’s appeal and examined the applicability of Section 12 of the Probation of Offenders Act. The Court opined that "when a person who is found guilty, is extended the benefit of Section 3 or 4 of the Probation of Offenders Act, then he shall not suffer disqualification, if any, attached to the conviction of an offence under such law."
The Court further pointed out that the High Court had already extended the benefit of Section 4 of the Probation of Offenders Act, making the application of Section 12 a natural and consequential step. As a result, the Supreme Court allowed the appeal and set aside the High Court’s order dated July 5, 2022, denying the appellant the benefits under Section 12.
The Court concluded, “While extending the benefit to the appellant who has approached this Court, [it is] imperative…to extend similar benefits to all the convicts in the same crime."
Thus, Amit Singh, who had been denied employment due to his conviction, is now entitled to the benefits under Section 12 of the Probation of Offenders Act, 1958, removing the disqualification attached to his conviction.
The appeals stand allowed, and all pending applications are disposed of accordingly.
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