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2018 DIGILAW 1931 (RAJ)

Hari Singh v. State of Rajasthan

2018-09-14

PANKAJ BHANDARI

body2018
JUDGMENT Pankaj Bhandari, J. - Petitioner has preferred this revision petition aggrieved by judgment and order dated 9.4.2014 passed by Judicial Magistrate, Bamanwas, District Sawai Madhopur whereby petitioner was convicted under Section 3/25 of Arms Act and sentenced and against judgment and order dated 12.6.2018 passed by Additional Sessions Judge, Gangapurcity, District Sawai Madhopur whereby appeal of the petitioner was partly allowed and while upholding the judgment of conviction, petitioner was given benefit of section 4 of the Probation of Offenders Act (hereinafter referred to as "the Act"). 2. It is contended by counsel for the petitioner that he is not pressing the judgment of conviction, his only prayer is that petitioner be also given benefit of Section 12 of the Act. 3. I have considered the contentions. 4. section 12 of the Probation of Offenders Act reads as under:- "Removal of disqualification attaching to conviction-Nothwithstanding 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." 5. 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. 6. It has come to the notice of this Court that time and again Revisions 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. 7. Accordingly, the revision petition is disposed. 8. Copy of this order be sent to Department of Personnel, State of Rajasthan.