[2025:RJ-JP:29942] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6013/2021 Kartar Singh Gurjar S/o Shri Banwari Lal Gurjar, Aged About 30 Years, R/o VPO Torda Gujran, Vaya Paota, Tehsil Kotputli, District Jaipur, Rajasthan. ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Dheeraj Kumar Palia, Adv. with Mr. Krishna Kumar Mukkar, Adv. For Respondent(s) : Ms. Arti Sharma, Dy.GA Mr. Vivek Sharma, Add.GA HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 05/08/2025 1. The present petition has been filed by the petitioner under Section 482 of Cr.P.C. for granting the benefit of Section 12 of the Probation of Offenders Act, 1958 (hereinafter referred to as 'the Act of 1958') to the petitioner, who had been convicted by the trial Court for the offences punishable under Sections 148 and 336 of Indian Penal Code, 1860 vide judgment dated 28.06.2006 passed by learned Additional Judicial Magistrate First Class, Kotputli, District Jaipur in Criminal Case No.141/2006, whereby, learned trial Court had granted the benefit of Section 4 of the Act of 1958. 2. As per the brief facts of the case, the petitioner along with four other persons were tried by the learned trial Court for the offences punishable under Sections 148, 341, 323 and 336 of IPC. The injured-complainant and the petitioner have compounded the offences punishable under Sections 341 and 323 of IPC and the petitioner was acquitted for the offences punishable under [2025:RJ-JP:29942] (2 of 2) [CRLMP-6013/2021] Sections 341 and 323 of IPC on the ground of compromise. The petitioner was convicted for the offences punishable under Sections 148 and 336 of IPC, however, he was given benefit of probation under Section 4 of the Act of 1958. 3. Learned counsel for the petitioner submits that, though, the petitioner has been given benefit of probation under Section 4 of the Act of 1958, however, the benefit provided under Section 12 of the Act of 1958 has not been specifically granted to the petitioner. Learned counsel prays that the petitioner is facing hardship and his services cannot be confirmed due to conviction, therefore, the petition be allowed and the petitioner be granted the benefit of Section 12 of the Act of 1958. 4. Learned Public Prosecutor opposes the arguments advanced by learned counsel for the petitioner. 5. Heard learned counsel for the parties and perused the material available on record. 6. The petitioner after conviction was given benefit of probation under Section 4 of the Act of 1958, however, no specific order regarding benefit of Section 12 of the Act of 1958 has been mentioned in the impugned judgment. Therefore, in the interest of justice, the petition filed by the petitioner deserves to be allowed. 7. Accordingly, the present petition is allowed with the direction that the petitioner is granted benefit of Section 12 of the Act of 1958. 8. Pending application(s), if any, also stands disposed of. (ASHUTOSH KUMAR),J Mohita /23