Crl.Rev.No. 366 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh Crl.Rev.No. 366 of 2009 Date of decision: 27.3.2009 Joban Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.S.S.Hira, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab **** SABINA, J. The petitioner was tried for an offence under Sections 223 and 224 of the Indian Penal Code (“IPC” for short) in FIR No.209 dated 2.11.2003 registered at Police Station City Hoshiarpur. Vide judgment and order dated 19.1.2007, Judicial Magistrate, Ist Class, Hoshiarpur convicted the petitioner under Section 223 and 224 IPC and sentenced him to undergo rigorous imprisonment for a period of one year and a fine of Rs.1,000/-. Aggrieved by the same, the petitioner had preferred an appeal. Vide judgment dated 5.11.2008 passed by the Additional Sessions Judge, Hoshiarpur, the petitioner was ordered to be released on probation subject to his furnishing Crl.Rev.No. 366 of 2009 2 personal bonds in the sum of Rs.3,000/- with one surety in the like amount for a period of one year. It was further directed that the petitioner shall keep peace and will be of good behaviour during the period of probation. Hence, the present revision petition. The case of the prosecution, as noticed by the Appellate Court in para No.2 of its judgment, is reproduced herein below:- “In brief, the case of the prosecution is that one Balbir Singh son of Hukam Singh, resident of village Talwandi Mange, Police Station Zira, Distt. Ferozepur, was in police custody in case FIR No.139 dated 4.9.2003, under Sections 364/420/34 of Indian Penal Code, Police Station, Mukerian and he was lodged in the premises of CIA/HQ, Hoshiarpur, vide Rapat No.14 dated 1.11.2003. Accused-appellant Joban Singh was on Sentry duty at the premises of CIA/HQ, Hoshiarpur. Head Constable Resham Singh was on duty at CIA/HQ, Hoshiarpur, as Moharrir Head Constable. Constable Amarjit Singh No. 745 took over duty as Sentry in place of accused- appellant Joban Singh, at 4.00 pm on 1.11.2003. Inspector Inderjit Singh was the Incharge of CIA/HQ, Hoshiarpur. Constable Amarjit Singh informed him that accused Balbir Singh was not found present in the premises of CIA/HQ. Hoshiarpur. Finding that accused- appellant had negligently suffered said Balbir Singh to Crl.Rev.No. 366 of 2009 3 escape from confinement a written report to this effect was sent to the office of Deputy Superintendent of Police (Detective), Hoshiarpur, by Inspector Inderjit Singh. On directions of Deputy Superintendent of Police (Detective) Hoshiarpur, present First Information Report under Sections 223/224 Indian Penal Code, was registered at Police Station City, Hoshiarpur.” During the course of arguments, learned counsel for the petitioner has submitted that the petitioner had been ordered to be released on probation by the learned Appellate Court, but it was not specifically mentioned in the order that he had been released on probation under Section 4 of the Probation of Offenders Act, 1958 ('the Act' for short). Hence, the petitioner might be dismissed from service. This apprehension of learned counsel for the petitioner is misconceived as it is apparent from the order dated 5.11.2008 passed by the Additional Sessions Judge, Hoshiarpur, that the petitioner was given the benefit of probation under Section 4 of the Act and was released on probation for a period of one year subject to his furnishing bonds in this regard. As per Section 12 of the Act, notwithstanding anything contained in any other law a person found guilty of an offence dealt with under the provisions of Section 3 or 4 shall not suffer dis- qualification, if any attaching to, a conviction of an offence under Crl.Rev.No. 366 of 2009 4 such law. The petitioner was released on probation under Section 4 of the Act. Hence, he will not suffer any disqualification in service on account of his conviction under Section 12 of the Act. No other contention has been raised. This petition stands disposed of accordingly. (SABINA) JUDGE March 27, 2009 anita