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Allahabad High Court

CHANDRA PRAKASH AND OTHERSversusSTATE OF U.P.

Decided

Holding

The trial court’s order granting probation and confirming the conviction stands; the appeal is dismissed.

Summary

The appellants Chandra Prakash and others appealed under Section 374(2) of the Cr.P.C. against a judgment that convicted them under IPC Sections 323/34 and 325/34 and released them on probation under Section 5 of the Probation of Offenders Act, 1958, with sureties. The appellants argued that the probation order removed any disqualification arising from the conviction. The State opposed, relying on Section 12 of the Probation Act and precedent. The Court examined the interpretation of Section 12, citing Supreme Court and Delhi High Court decisions, and held that the trial court’s exercise of discretion in granting probation was proper. Since the two‑year probation period had already elapsed, the Court found no merit in disturbing the order and dismissed the appeal, confirming the trial court’s judgment.

Issues considered

  • Whether Section 12 of the Probation of Offenders Act, 1958 removes the disqualification attached to a conviction for a person released on probation.
  • Whether the appellate court can set aside the trial court’s probation order after the probation period has elapsed.

Legislation cited

Subjects

  • Probation
  • Disqualification
  • Criminal Appeal
  • IPC Sections 323
  • IPC Sections 325
  • CrPC Section 374(2)
  • Probation of Offenders Act

Judgment

                HIGH COURT OF JUDICATURE AT ALLAHABAD

                     CRIMINAL APPEAL No. - 3379 of 2004

Chandra Prakash And Others
                                                                          .....Appellant(s)
                                        Versus
State of U.P.
                                                                     .....Respondent(s)

Counsel for Appellant(s)            :   S.K.    Chaturvedi,   Shashwat    Kishore
                                        Chaturvedi
Counsel for Respondent(s)           :   Govt. Advocate, Ram Pravesh Yadav

Court No. - 93
                 HON'BLE MRS. VANI RANJAN AGRAWAL, J.

1. Heard Sri Shashwat Kishore Chaturvedi, learned counsel for appellants; Sri Rahul

Asthana, learned Additional Government Advocate for the State respondent and

perused the record. None appeared on behalf of the opposite party, even in the revised

call.


2. This criminal appeal under Section 374(2) Cr.P.C. has been preferred by appellant

challenging the judgment and order dated 27.5.2004 passed by learned Additional

Session Judge, F.T.C. No.2, Basti in Session Trial No.290 of 2002 (State vs. Chandra

Prakash & others) arising out of Case Crime No.262 of 2001, Police Station Bakhira,

District Sant Kabir Nagar convicting and sentencing the appellants under Sections

323/34 I.P.C. to undergo one year imprisonment and under Section 325/34 to undergo

Two years simple imprisonment, but in place of imprisonment the appellants were

released on probation with a condition to keep good character for period of next two

years and further to deposit two sureties of Rs.10,000/- and personal bond of the same

amount.


3. Learned counsel for appellants have made no argument on the point of conviction

and submitted that appellants have been released on probation under Section 5 of the

Probation of Offenders Act, 1958 and they have followed the conditions as stipulated

in the judgement and order dated 27.5.2004. He submitted that due to order of

probation, future of appellants may not be affected. Hence this appeal.


4. Learned AGA opposed the contention made by learned counsel for appellant.
                                                                                                       CRLA No. 3379 of 2004
                                                                         2

                                    5. The prosecution witnesses have fully supported the prosecution story in their

                                    statements given before the trial Court.


                                    6. In this context Section 12 of The Probation of Offenders Act, 1958 is reproduced:-

                                          "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: 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."

                                    7. Interpretation of Section 12 of The Probation of Offenders Act, 1958 will depend

                                    upon observation given by Hon'ble Supreme Court in the case of The Divisional

                                    Personnel Officer, Southern Railway & another vs. T.R.Challapan, AIR 1975 SC

                                    2216 and by Delhi High Court in the case of Iqbal Singh vs. Inspector General of

                                    Police and others, AIR 1970 Delhi, 240.


                                    8. Appellants were convicted under Sections 323/34 and 325/34 I.P.C. by the Court

                                    concerned and maximum lenient view was taken by the trial Court. Two years of

                                    probation have elapsed from the date of judgment. No fruitful purpose would serve in

                                    keeping this appeal pending. The view taken by the trial Court is plausible view. No

                                    interference is called for. The judgement and order dated 27.5.2024 passed by the trial

                                    Court is hereby confirmed. This appeal is, therefore, dismissed.


                                    9. Office is directed to transmit copy of this order alongwith record of trial Court to

                                    the trial Court.


                                    April 30, 2026
                                    Dev
                                                                                           (Mrs. Vani Ranjan Agrawal,J.)




Digitally signed by :-
DEV PRAKASH
High Court of Judicature at Allahabad


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