Dismissed

Bablu Solanki Saini v. State of Rajasthan

Rajasthan HC7 Nov 2022CRLMP/6835/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition under Section 482 Cr.P.C., the petitioner contended that a specific order granting the benefit of Section 12 of the Probation of Offenders Act was overlooked since he was convicted under Sections 3 and 4 of the same Act. The Court held that no specific order is required.

What did the court decide?

The criminal miscellaneous petition is dismissed and all pending applications are disposed of.

Bablu Solanki Saini Vs State of… — Constitutional and Fundamental Rights | Rajasthan HC (2022)

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(1 of 2)

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[CRLMP-6835/2022]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 6835/2022

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Bablu Solanki Saini S/o Sh. Bhanwar Lal, Aged About 23 Years, B/c Mali, R/o Opp. Near Power House, Teh. Tinwari, Dist. Jodhpur.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Dept. Of Home Affairs, Govt. Of Raj., Jaipur.

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Sho, P.s. Mathaniya, Dist. Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Rishabh Handa For Respondent(s) : Mr. Shrawan Bishnoi, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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07/11/2022

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This criminal misc. petition under Section 482 Cr.P.C. has been preferred against the order dated 07.01.2021 passed by learned Senior Civil Judge & Additional Chief Metropolitan Magistrate No.4, Jodhpur Metropolitan in State Vs. Mohd. Firoz Khan & Anr. in Case No.168/2020 Police Station Mathania, District Jodhpur.

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Learned counsel for the petitioner submits that though the benefit of Section 3 of Probation of Offenders Act has been given to the petitioner while convicting him under Sections 188, 269, 270 IPC, Section 51(B) of Disaster Management Act, 2005, Section 3 of Rajasthan Epidemic Diseases Act, 2020 and Section 4/5 of Rajasthan Epidemic Diseases Ordinance, 2020 vide order

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(2 of 2)

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[CRLMP-6835/2022]

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dated 07.01.2021, but the benefit of Section 12 has not been given.

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Learned Public Prosecutor opposes the submissions.

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I have considered the arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor.

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Section 12 of Probation of Offenders Act, 1958 reads as

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under:-

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“ 12. 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 :

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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.”

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It is an admitted position that case against the petitioner was decided by granting the benefit of Section 4 of Probation of Offenders Act. As per Section 12 of Probation of Offenders Act, if a person is benefited Section 3 or Section 4 of Probation of Offenders Act, he shall not suffer any disqualification. Therefore, no specific order is required to be passed for granting the benefit of Section 12 of Probation of Offenders Act. Thus, the present petition being devoid of any merit, is liable to be dismissed.

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Consequently, the present petition is dismissed. All pending applications stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

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58-Zeeshan

Bablu Solanki Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bablu Solanki Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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