IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.603 OF 2008 Subbarao Channappa Patil .. Appellant Versus The State of Maharashtra .. Respondent WITH CRIMINAL APPEAL NO.1000 OF 2008 Shashikant Chandrakant Kolwalkar .. Appellant Versus The State of Maharashtra .. Respondent WITH CRIMINAL APPEAL NO.79 OF 2009 Ajit Shivaji More @ Appa @ Alya .. Appellant Versus The State of Maharashtra .. Respondent Ms Anjali Patil for the appellant in Cri.Appeal No.79/09. Mr.K.M.Sangant for the appellant in Cri.Appeal No.1000/08. Mr.J.P.Yagnik, A.P.P for the State. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 02nd February 2009. : 02nd February 2009. : 02nd February 2009. P.C.: . By these appeals the accused have taken an exception to judgment and order dated 05th February 2008 passed by the 12th Adhoc Assistant Sessions Judge, Bombay. By the impugned judgment and order, the accused have been convicted for offences under section 392 read with section 397 and section 34, sections 341, 347, 504, (2) 506 and 365 read with section 34 of the Indian Penal Code. The maximum substantive sentence imposed by the learned Judge is of rigorous imprisonment for seven years. The forum of appeal against order of conviction is provided by section 374 of the Code of Criminal Procedure, 1973. 2. Section 374 of said Code reads thus: "374. Appeals from convictions.-(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court. (2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years [has been passed against him or against any other person convicted at the same trial], may appeal to the High Court. (3) Save as otherwise provided in sub-section (2), any person,- (3) (a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class or of the second class, or (b) sentenced under section 325, or (c) in respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate, may appeal to the Court of Session." 3. In the present case, the order of conviction is by learned Assistant Sessions Judge and the sentence of imprisonment is not for a period more than seven years. Therefore, the case will not be governed by sub section 2 of section 374. The sub section 3 of the said section will apply. In the circumstances, the appeals are maintainable before the appropriate Sessions Court. Accordingly, the appeals alongwith pending applications therein are hereby transferred to the Sessions Court at Bombay. The registry will take appropriate steps for transferring the appeals. (4) (A.S.Oka, J)