MOHAMMAD ABDUL KADIR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard learned counsel on both sides.

(2.) While considering the bail application in Cri. Misc. Appln. No. 17/2003, it is found that appeal has been carried from the judgment and order dated 6-9-2002 passed by the learned Assistant Sessions Judge, Dharmanagar, North Tripura in Sessions Trial No. 17(NT/D) 2002 whereby the appellants were convicted for the offence u/S. 366 read with Sec. 34 of I.P.C. and sentenced to undergo 5 (five) years R. I. with a fine of Rs. 1000.00 each. At the outset, Mr. D. Sarkar, learned Public Prosecutor has submitted that under the provision of Section 374, Cr. P. C., appeal against the judgment of conviction of 5 (five) years passed by the Assistant Sessions Judge lies before the Sessions Judge, not before the High Court, but through mistake, the appeal has been admitted by this Court and even, two (2) of the appellants (convicts) has been granted bail under order dated 11-11-2002. I have also heard Mr. A. C. Bhowmick, learned counsel for the appellant. The learned counsel on both sides have fairly submitted, and rightly so, that this Court is not the appellate Court for the purpose of hearing of the present appeal and as such, this present appeal has to be transferred to the proper Court.

(3.) I have considered the matter. Through mistake, appeal has been admitted here in the High Court and even, bail order has been passed in respect of some of the accused persons.