JUDGMENT :

ORDER IN CR.RA NO.1856 & 1857 OF 2025:

By way of these captioned revision applications under Section 438 and 442 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (for short “BNSS, 2023), the petitioners – accused seek to challenge the common judgment and order dated 24/09/2025 passed by the learned Principal District & Sessions Judge, Bhuj in Criminal Appeal No.40 and 41 of 2025 confirming the conviction and sentence recorded on 10/02/2025 in Criminal Case No.2216 of 1984 by the learned Principal Senior Civil Judge & Additional Chief Judicial Magistrate, Bhuj-Kutchh for the offence under Section 342 of the Indian Penal Code read with Section 114 and 34 of the Indian Penal Code and sentenced to undergo three months SI with fine of Rs.1,000/-; in default; 15 days SI came to be confirmed.

2. Heard the learned Senior Counsel Mr.Mihir Joshi appearing with Mr.Rahul Sharma and learned Senior Advocate Mr.I H Saiyed, appearing with Mr.Sharma for the respective petitioners and learned Additional Advocate General Mr.Mitesh Amin appearing with Mr.Hardik Dave, learned Public Prosecutor with Mr.K J Panchal, learned advocate appearing for the original complainant, the issued raised in the captioned revision application deserves consideration and requires judiciously appreciated.

3. Hence, RULE.

ORDER IN CR.MA NOS.1 AND 2 OF 2025 IN CR.RA NO.1856 OF 2025 AND CR.MA NOS.1 AND 2 OF 2025 IN CR.RA NO.1857 OF 2025:

1. The captioned applications are filed by the petitioners – accused seeking exemption from surrender in connection with the sentence imposed upon the petitioners – accused by the learned trial Court and further during pendency and till final hearing to extend the stay granted by the learned first Appellate Court vide order dated 24.09.2025 in Criminal Appeal No. 40 and 41 of 2025.

1.1 The petitioners – accused also seeks to suspend the sentence imposed upon the petitioners – accused on 10/02/2025 in Criminal Case No.2216 of 1984 by the learned Principal Senior Civil Judge & Additional Chief Judicial Magistrate, Bhuj-Kutchh and to release the petitioner – accused on bail pending the hearing of the revision applications.

2. At the outset, it is required to be noted that petitioners – accused, after pronouncement of the judgment and order by the learned first appellate Court confirming the conviction and sentence moved two different applications before the learned first appellate Court below Exhibit-17 and Exhibit-18 in CR.A No.40 of 2025 and Exhibit-18 and Exhibit-19 in CR.A No.41 of 2025 seeking to extend the benefit of Probation of Offenders Act and to stay the order of serving the sentence for a period of fifteen days. The learned first appellate Court after hearing the learned Counsels appearing for the respective parties at length has dismissed the applications seeking to extend the benefit under the Probation of Offenders Act; whilst allowing the application seeking stay against the order of sentence passed by the learned trial Court for a period of 15 days’ with a view to obtain the appropriate orders by way of filing revision applications from the Hon’ble High Court of Gujarat and further directed to produce the copy thereof before the learned first appellate Court on the petitioners – accused executing a bail bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

3. Thus, in the above background, the petitioners – accused has moved the captioned applications and sought for the relief as stated in the preceding paragraphs.

4. Heard learned Senior Counsel Mr.Mihir Joshi and learned Senior Counsel Mr.I. H. Saiyed, appearing with Mr.Rahul Sharma, learned advocate appearing for the petitioners-accused and learned Additional Advocate General Mr.Mitesh Amin appearing with Mr.Hardik Dave, learned Public Prosecutor for the respondent – State and Mr.K J Panchal, learned advocate appearing for the original complainant.

5. At the outset, it is sought to be canvassed by learned Senior Counsel Mr.Saiyed appearing on behalf of the petitioner –