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1984 Supreme(P&H) 117

PUNJAB & HARYANA HIGH COURT
K.P.S.Sandhu, J.
Ranjit Paul
Versus
State Of Punjab
Criminal Revision No. 1817 of 1982,
Decided On : FEBRUARY 9, 1984

The main legal point established in the judgment is the application of the Probation of Offenders Act, particularly the provision of section 12, in absolving the offender of disqualifications attached to a conviction.

Headnote:

Probation of Offenders Act - Benefit of Probation of Offenders Act - The court upheld the benefit of the Probation of Offenders Act for the petitioner, absolving the offender of disqualifications attached to a conviction.

Fact of the Case:

The petitioner was tried, convicted, and sentenced to imprisonment and a fine. The appeal to the Court of Session resulted in the sentence of imprisonment being set aside, and the petitioner was given the benefit of the Probation of Offenders Act.

Finding of the Court:

The court found no irregularity or illegality in the orders of the lower courts and upheld the benefit of the Probation of Offenders Act for the petitioner.

Issues: The issues involved the conviction and sentencing of the petitioner, as well as the application of the Probation of Offenders Act.

Ratio Decidendi: The court's decision was influenced by the provisions of the Probation of Offenders Act, particularly section 12, which absolves the offender of disqualifications attached to a conviction.

Final Decision: The revision was dismissed, upholding the benefit of the Probation of Offenders Act for the petitioner.

Judgment

K. P. S. Sandhu, J.

1. The petitioner was tried, convicted and sentenced to imprisonment till the rising of the Court and a fine of Rs.2000.00- in default R. I. for six months by the learned Special Rail-Nay Magistrate, Jullundur vide his order dated 2.6.1981. The appeal was carried to the Court of Session where it substantially failed in as much as that the sentence of imprisonment was set aside and the petitioner was given the benefit of Probation of Offenders Act and it was directed that the petitioner shall furnish personal bond with one surety of the amount of Rs.2000/for a period of one year for keeping peace and of good behavior. He was further directed to pay Rs.500.00 towards the costs of litigation: The petitioner bas come up in revision to this Court.

2. I have gone through the judgment and the evidence in the case Nothing serious has been brought out to show any irregularity or illegality in the orders of the Courts below. I do not find any material to interfere with the concurrent findings of both the Courts. How ever, Mr. G. s. Dhillon, learned counsel for the petitioner has his fears that this conviction may not haunt the petitioner with evil consequences.

3. Since the petitioner has been given the benefit of Probation of Offenders Act,1958 sec. 12 of the aforesaid Act absolves the offender of all the disqualifications which are attached to a conviction. Sec.12 of the Act reads as under: Notwithstanding anything contained in any other law, a person found guilty of an offence and dealt with under sec. 4 shall not suffer disqualification, if any, attached to a conviction of an offence under such law: Sec.12 of the aforesaid Act absolves the off under of all the disqualifications which are attached to a conviction. Sec.12 of the Act reads as under Notwithstanding anything contained in any other law, a person found guilty of an offence and dealt with under sec. 4 shall not suffer disqualification, if any, attached 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 sec. 4 is subsequently sentenced for the original offence. I am, therefore, of the opinion that the fears of the learned counsel for the petitioner are not well founded. This revision, thus, stands disposed of. Revision dismissed

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