IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.156 OF 2009 Mr.Harshmohan Brijmohan Krishnatrey .. Appellant Versus The State of Maharashtra .. Respondent Mr.Ashok Mundargi, Sr. Counsel i/by Mr.H.S.Venegavkar for the appellant. Ms.A.T.Jhaveri, A.P.P for the respondent. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 10th February 2009. : 10th February 2009. : 10th February 2009. P.C.: . Heard learned senior counsel appearing for the appellant. The challenge in the appeal is to the judgment and order dated 0th February 2009 passed by the learned Assistant Sessions Judge, Greater Bombay. The applicant has been convicted for the offence punishable under section 376 of the Indian Penal Code. He has been sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.75,000/-. 2. The learned senior counsel appearing for the applicant stated that though the impugned judgment was delivered on 07th February 2009, the learned trial Judge (2) has fixed 14th March 2009 as a date for supplying a copy of judgment. The learned senior counsel appointed out that the appellant was on bail during pendency of the trial and without making a copy of the judgment available to the appellant, he has been taken in custody on the basis of the impugned judgment. The learned A.P.P on instructions of Investigating Officer (P.I. Mr.Rane) states that a copy of the impugned judgment was not available on 07th February 2009 and till today copy is not available. She has produced for my perusal report dated 10th February 2009 submitted by the said officer. To say the least, this discloses shocking state of affairs. 3. The learned senior counsel, however, pointed out that in view of sub section 2 and sub section 3 of section 374 of Code of Criminal Procedure, 1973, this appeal will be maintainable before the Sessions Court. He submitted that in all probability an appeal will not be entertained by the Sessions Court as a copy of the judgment is not available. The learned senior counsel stated that a certified copy of the operative part of the impugned order has been provided to the appellant. 4. On the prayer made by the learned senior counsel (3) appearing for the appellant, the appeal is dismissed as withdrawn with liberty to file a fresh appeal before the Sessions Court. 5. The Sessions Court will accept the appeal filed alongwith a certified copy of the operative part of the impugned order dated 07th February 2009. If application for bail is made by the appellant in the said appeal, the same shall be immediately decided by the concerned Sessions Court. All contentions are kept open. (A.S.Oka,J)