Punjab-Haryana High Court
Bharpur Singh vs State Of Punjab on 6 July, 2012
Author: Sabina
Bench: Sabina
Crl.Revn. No.80 of 2012 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Revn. No.80 of 2012 (O&M)
Date of Decision: July 06, 2012
Bharpur Singh
......PETITIONER
Vs.
State of Punjab
.....RESPONDENT
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.P.S.Ahluwalia, Advocate
for the petitioner.
SABINA, J.
The petitioner was tried for an offence under Sections 420/468/471 of the Indian Penal Code ('IPC' for short) in FIR No.259 dated 24.12.1993, registered at Police Station Sadar District Patiala.
The prosecution case in brief is that in the year 1991, the petitioner had obtained admission in reserved category on the basis of forged certificate although he belonged to general category. The trial Court vide judgment/order dated 04.08.2007 convicted and sentenced the petitioner qua commission of offence punishable under Sections 420/468/471 of IPC.
Aggrieved by the said judgment/order, the petitioner preferred an appeal. In appeal vide judgment dated 27.09.2011, the trial Court acquitted the petitioner qua commission of offence punishable under Section 420/471 of IPC. However, the petitioner was convicted qua commission of offence punishable under Section 471 Crl.Revn. No.80 of 2012 (O&M) 2 read with Section 511 of IPC. The petitioner was ordered to be released on probation. Hence the present petition.
Learned counsel for the petitioner has submitted that although the petitioner has been released on probation but his career in the Government service might get adversely effected.
The apprehension of learned counsel for the petitioner is mis-conceived as the petitioner has been released on probation under Section 4 of the Probation of Offenders Act, 1958.
As per Section 12 of the Act, notwithstanding anything contained in any other law a person found guilty of an offence dealt with under the provisions of Section 3 or 4 shall not suffer dis-qualification, if any attaching to, a conviction of an offence under such law. The petitioner was released on probation under Section 4 of the Act. Hence, he will not suffer any disqualification in service on account of his conviction as per Section 12 of the Act. No other contention has been raised.
This petition stands disposed of accordingly.
(SABINA) JUDGE July 06, 2012 jt