[1] Heard.

[2] Both these appeals are consolidated for disposal by a common judgment and order inasmuch as, the controversy is structured on facts which resemble. The appeal being Crl. A(J) No.22 of 2026 is filed under Section-374 of the Code of Criminal Procedure, 1973 corresponding to Section-415 of BNSS against the judgment and order of conviction dated 01.11.2025 passed by learned Sessions Judge, Unakoti District, Kailashahar in case No. S.T(Type-II) 17 of 2025 whereby and whereunder, the appellant has been convicted under Section-3, Rule-6(a) Passport (Entry into India) Act and Section-14A(a)(b) of the Foreigners Act, 1946 and sentence him fine of Rs.5,000/- for commission of the offence under Section-3, Rule-6(a) of the Passport (Entry into India) Act, 1920 and in default, to suffer SI for one month and RI for two years and fine of Rs.10,000/- only in default to suffer SI for two months for commission f the offence under Section-14A(a)(b) of the Foreigners Act, 1946. The appeal being Crl. A(J) No.24 of 2026 is filed under Section-374(2) of the Criminal Procedure Code, 1973, Section-415(2) of BNSS, 2023 against the judgment dated 07.02.2026 and 09.02.2026, passed by the learned Sessions Judge, Unakoti District, Kailashahar, in case No.ST(UK)07 of 2025 (T-II), by which the learned Court convicted the appellant with RI for two years for offence under Section-3 of the Passport (Entry into India) Act, 1920 with RI for two years and also with a fine of Rs.10,000/- and in default, to suffer SI for one month for commission f offence under Section-14A(a)(b) of the Foreigners Act.

[3] The appellant in Crl. A(J) No.22 of 2026 has prayed for the following reliefs:

               “a. Admit this appeal.

               b. Call for records.

               c. After hearing the parties allow the appeal filed under Section-374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dated 01.11.2025 passed in ST (T-II) 17 of 2025 by the Ld. Sessions Judge, Unakoti District, Kailashahar, whereby the Ld. Judge convicted and sentenced the appellant to fine Rs.5,000/- for commission of the offence under Section-3, Rule 6(a) of the Passport (Entry into India) Act, 1920, in default to suffer SI for one month, and rigorous imprisonment for two years and fine of Rs.10,000/- only in default to suffer SI for two months for commission of the offence under Section 14A(a) (b) of the Foreigners Act, 1946.”.

[4] The appellant in Crl. A(J) No.24 of 2026 has prayed for the following reliefs:

               “i. Admit the instant Criminal appeal under Section 374(2) of the CrPC, {Sec 415(2) of BNSS, 2023} against the Order, dated, 07.02.2026 passed by the L'd Sessions Judge, Unakoti District, Kailashahar in Case No. ST 07 (U/K) 2025 by which the L'd Sessions Judge, Unakoti District, Kailashahar convicted the Appellant with R.I of 2 years for offence U/s 3 of the Passport (Entry into India) Act read with Rule 6(A) of the Passport(Entry to India) Act with further RI of 2 years along with fine of Rs. 10,000/- and in default to suffer S.I for 1 month for offence under Section 14-A(a)(b) of the Foreigner Act, 1946

               (ii) Issue notice upon the Respondent.

               (iii) Call for records pertaining to Case No. ST 07 (U/K) 2025.

               (iv) Allow the Criminal appeal filed under Section 374(2) of the CrPC {Sec 415(2) of BNSS, 2023), by setting aside and quashing the conviction and sentence passed against the Appellant, vide Order, dated, 07.02.2026 and 09.02.2026 passed by the L'd Sessions Judge, Unakoti District, Kailashahar in Case No. ST 07 (U/K) 2025”.

[5] Today, when the case is called, Mr. Raju Datta, learned P.P. has placed before this Court a letter dated 6th July, 2026 issued by the Under Secretary, Government of Tripura, Home Department addressed to learned Addl. P.P., High Court of Tripura informing that the department does not have any objection if this Court directs to push back the appellant to her own country i.e. Bangladesh instead of keeping them in jail to serve imprisonment in compliance of judgment dated 01.11.2025 and 07.02.2026 of the learned Court below. The said letter be kept on record.

[6] The relevant contents of the letters dated 6th July, 2026 issued by the Under Secretary, Government of Tripura, Home Department, are reproduced as under:

               “I am directed to refer to your note dated 21.05.2026 in connection with Crl. Appeal (j) No.22 of 2026 (Hridoy Das-Vs The State of Tripura) and to state that the department does not have any objection if any order to push back the convicted person to his own country i.e. Bangladesh instead of keeping him in jail to serve the imprisonment in this case is passed by the Hon’ble High Court of Tripura.

               “I am directed to refer to your note dated 21.05.2026 in connection with Crl. Appeal (j) No.24 of 2026 (Sojon Almik-Vs The State of Tripura) and to state that the department does not have any objection if any order to push back the convicted person to his own country i.e. Bangladesh instead of keeping him in jail to serve the imprisonment in this case is passed by the Hon’ble High Court of Tripura.”

[7] Upon hearing the submissions made at the Bar and on perusal of letters dated 6th July, 2026, this Court is of the opinion that, a lenient/humanitarian view may be taken observing that it is their first offence. Thus, this Court is of the considered view that the punishment imposed by the order of conviction and sentence dated 01.11.2025 and 07.02.2026 by the learned Court below, should be modified to the extent that the appellants herein have undergone in custody from the date of their arrest to till date and accordingly, the same is ordered. All necessary steps be taken by the State respondent to push-back the appellants as per procedure.

[8] It is also ordered that the appellants shall continue to be in the prison not as convict and the prison authority shall act as a custodian, until they are repatriated to their own country. As and when the respondent-State takes a decision to move the appellants from the State of Tripura/India to Bangladesh, they will do so as per procedure and the appellants shall then be released at the earliest.

[9] With the above observations and directions, the appeals are disposed of. As a sequel, miscellaneous application(s), pending if any, shall also stand closed.