Partly allowed

Leeladhar Son of Shri Badri Lal v. State of Rajasthan

Rajasthan HC3 Oct 2023CRLAS/686/2021

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal in part, holding the appellant entitled to the benefit of Section 12 of the Probation of Offenders Act. This provision ensures no disqualification attaches to a conviction under the Act, aligning with coordinate bench precedents.

What did the court decide?

Allowance of benefit under Section 12 of the Probation of Offenders Act, removing disqualifications attached to conviction.

Leeladhar Son of Shri Badri Lal Vs State of… — Criminal Trial and Appeal | Rajasthan HC (2023)

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[2023:RJ-JP:27941]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal (Sb) No. 686/2021

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Leeladhar Son Of Shri Badri Lal, Resident Of Bhadsui Police Station Baran Sadar, District Baran, Rajathan

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----Appellant

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Versus

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State Of Rajasthan, Through P.p

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----Respondent

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For Appellant(s) : Mr. Rahul Tiwari. For Respondent(s) : Mr. Prashant Sharma, P.P.

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order

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03/10/2023

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Instant appeal is preferred aggrieved from order dated 05.02.2021 in Sessions Case No. 134/2015 passed by learned District & Sessions Judge, Baran.

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Learned counsel for the petitioner while relying upon grounds submitted that he is only pressing for benefit under Section 12 of Probation of Offenders Act and nothing more than this. He relied upon order dated 05.02.2022 in Akbar Mohammad v. State of Raj. : S.B. Criminal Misc. (Petition) No. 7522/2021 , order dated 02.03.2022 in Rajesh Burt v. State of Raj. : S.B. Criminal Misc. (Petition) No. 2200/2022 and order dated 07.07.2022 in Dinesh v. State of Raj. : S.B. Criminal Misc. (Petition) No. 4677/2022 .

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Aforesaid contentions were opposed by learned Public Prosecutor.

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the orders passed by a coordinate Bench of this Court.

[2023:RJ-JP:27941]

[CRLAS-686/2021]

(2 of 2)

In FIR No. 251/2015, P.S. Anta, District-Baran, after facing trial under Sections 147, 341 or 341/149, 323 or 323/149, 325 or 325/149 and 308 or 308/149 IPC, learned Sessions Judge, Baran on 05.02.2021 acquitted five accused including present appellant from offence under Section 308 or 308/149 IPC, but found them guilty under Sections 147, 341/149, 323/149 and 325/149 IPC. Thereafter, release them under Section 4 of the Probation of Offenders Act. Further imposed compensation under Section 5 of the Act. The petitioner without challenging the order of conviction and grant of probation just requested for benefit under Section 12 of the Probation of Offenders Act.

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The coordinate Benches in aforesaid referred matters, granted all benefit of Section 12 of the Act, wherein it is provided that any person found guilty of any offence and dealt with under the provisions of Section 3 and 4 of the Act shall not suffer any disqualification, if any attaching to a conviction of an offence under the law.

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Since, the provision of Section 12 was inserted to remove disqualification attached to conviction, therefore, looking to facts and circumstances of the case, the petitioner is entitled for benefit under Section 12 of the Probation of Offenders Act.

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Hence, the appeal against order dated 05.02.2021, is partially allowed and the petitioner is entitled for benefit under Section 12 of the Probation of Offenders Act.

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Misc. application, if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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PKS/270

Leeladhar Son of Shri Badri Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Leeladhar Son of Shri Badri Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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