Rajasthan High Court - Jodhpur
Narendra Singh @ Rinku vs State Of Rajasthan on 30 March, 2022
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-1251/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1251/2021
1. Narendra Singh @ Rinku S/o Shri Chhatar Singh, Aged
About 39 Years,
2. Hari Singh S/o Chhatar Singh, Aged About 45 Years,
3. Ganga Singh S/o Chhatar Singh, Aged About 53 Years,
All residents of Village Morali, P.S. Paladi-M, District Sirohi
(Rajasthan)
----Appellants
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. Shambhoo Singh Rathore
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 30/03/2022 In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
The appellants has preferred this criminal appeal under Section 374(2) of Cr.P.C. read with Section 11 of Probation of Offenders Act, against the judgment dated 28.10.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sirohi in Special Case No.15/2021 whereby the learned court had convicted the appellants fort the offence under Sections 323/34 and 341 of IPC and granted them probation under Section 4 of Probation of Offenders Act.
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(2 of 3) [CRLAS-1251/2021] It is contended by learned counsel for the appellants that the benefit of Section 12 of the Probation of Offenders Act has not been given to the appellants.
I have considered the contentions.
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.
Section 12 of the Probation of Offenders Act is reproduced hereunder:-
"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 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."
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.
It has come to the notice of this Court that time and again criminal appeals 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 (Downloaded on 31/03/2022 at 08:25:24 PM) (3 of 3) [CRLAS-1251/2021] or 4 of the Act, does not suffer any disqualification, if any, attaching to a conviction of an offence under such law.
Accordingly, the present criminal appeal is disposed of. All pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
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