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NEUTRAL CITATION

R/CR.RA/1091/2026 ORDER DATED: 17/04/2026

0.7656335826047469

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY SUBORDINATE COURT) NO. 1091 of 2026

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BHUPATSINH PARVATSINH CHAUHAN Versus

STATE OF GUJARAT ==========================================================

Appearance:

MR CB DASTOOR(238) for the Applicant(s) No. 1 MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1

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CORAM:HONOURABLE MS. JUSTICE GITA GOPI

Date : 17/04/2026

ORDER

1. By way of this application under Section 438 read with Section

442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”), the applicant has prayed for quashing and setting aside the order dated 23.2.2026 passed below Exh.9 by the learned 6^th Additional District and

Sessions Judge, Anand in Criminal Appeal no. 319 of 2024.

2. Mr. Dastoor, learned advocate for the applicant has submitted

that the appeal memo was filed on 31.8.2024 challenging the order of conviction under Sections 409, 467, 468 and 471 of the Indian Penal Code, 1860 passed by the learned Chief Judicial Magistrate on 12.8.2024 in Criminal Case no. 67 of 2009. Mr. Dastoor submitted that thereafter, the application was moved on 17.1.2026 with a prayer to grant probation to

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NEUTRAL CITATION

R/CR.RA/1091/2026 ORDER DATED: 17/04/2026

0.7656335826047469

the applicant, which was fixed for hearing. Learned advocate Mr. Dastoor submitted that the learned Appellate Court failed to understand the provisions of law, whereby the order of compliance under Section 360 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) could only be made after hearing the appeal and if at all, the learned Judge comes to the conclusion that the conviction is to be affirmed, then, at that time, in view of consideration as laid down under the provision of Section 360 Cr.P.C. and the Probation of Offenders Act, 1958 (hereinafter referred to as “the Act”), the learned Trial Court Judge can order for release of accused on probation. Learned advocate Mr. Dastoor submitted that the rejection of the application on 23.2.2026 by the learned Additional District and Sessions Judge, Anand

would be premature in the eyes of law.

3. Learned APP has submitted that the applicant has to waive his

right for moving an application under Section 360 of Cr.P.C. at the time of final hearing of the appeal memo and urged this Court to exercise the powers under Section 438 read with

Section 442 of the BNSS, to reject the present application.

4. This Court concurs with the arguments raised by Mr. Dastoor,

learned advocate for the applicant that Section 360(4) of the

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NEUTRAL CITATION

R/CR.RA/1091/2026 ORDER DATED: 17/04/2026

0.7656335826047469

Cr.P.C. makes the provision for the exercise of the power under Section 360 Cr.P.C. to the learned Appellate Court and sub-section (1) thereby records that instead of sentencing the accused at once to any punishment, the learned Appellate Court may direct the accused to be released on probation of good conduct, instead of sentencing him at once to any punishment, on his own bond with or without surety and for such period as the Court may direct not exceeding three years and in the meantime to keep peace and be of good behaviour. The learned Appellate Court thereby has committed an error in disposing of the application moved under Section 360 Cr.P.C. even prior to the final hearing of the appeal, where the learned Appellate Judge was to come to conclusion, whether the conviction was to be upheld and then having regard to the age, character or antecedents of the offender and circumstances in which the