GIRISH HARSUKHRAY VASAVADA Vs. SHANKARLAL GOVINDJI JOSHI

JUDGEMENT

(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 dtd. 24/9/2025 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.50,000.00 with two sureties of Rs.25,000.00 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.