The High Court of Rajasthan dismissed a criminal revision petition seeking benefit of Section 12 of the Probation of Offenders Act, 1958. The court held that once relief is granted under Sections 3 and 4, the disqualifications attached to conviction do not apply.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Revision No. 1407/2018
Ravi S/o Shri Ram Bhajan B/c Harijan, R/o Sakatpura, Kunhadi, Kota (Raj.)
----Petitioner
Versus
State Of Rajasthan Through P.p., Raj.
----Respondent
For Petitioner(s) : Mr. Surendra Sharma. For State : Mr. Sudesh Saini, PP.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
17/12/2018
(2 of 2)
[CRLR-1407/2018]
provisions of Section 3 & 4, he shall not suffer disqualification, if any, attaching to conviction of an offence under such law.
(PANKAJ BHANDARI),J
Chandan/28
2 issues framed by the court
Whether benefit of Section 12 of the Probation of Offenders Act can be granted after conviction and discharge under Sections 3 and 4
Whether the non-obstante clause in Section 12 waives disqualification arising from conviction
1 provisions across 1 enactments
Ravi S/o Shri Ram Bhajan
State Of Rajasthan
Pankaj Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
