1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3 OF 2009 IN CRIMINAL APPLICATION NO. 3629 OF 2007 The State of Maharashtra ...Applicant vs. Ramesh Shankar Sutar ...Respondent Mr.S.R. Shinde, APP for the State. None for the Respondent. CORAM : V.M. KANADE, J. DATED : JUNE 7, 2010 P.C. :- 1 Heard the learned APP for the State. None appears on behalf of the respondent though he is served. The Public Prosecutor has also filed an affidavit of service. 2 It is submitted that order dated 21st November, 2007 may be modified. By the said order, 2 the learned Single Judge was pleased to direct the Registry to return the application for presentation of the said application before the appropriate Sessions Court. It is submitted that the respondent was convicted by the trial court and against the said order of conviction, he had preferred an appeal before the Sessions Court. The Sessions Court, however, was pleased to allow the appeal and acquitted the accused. It is submitted that therefore, the appeal against acquittal will lie in the High Court and not in the Sessions Court. 3 It appears that the said direction was given by the learned Single Judge (Coram : A.P. Deshpande, J.) in view of the submission made by the learned APP for the State. It is an admitted position that the Sessions Court had acquitted the accused  respondent herein and therefore, in view of provisions of Section 378 of the Cr.P.C., appeal against acquittal would lie in this court. 3 4 The said Order, accordingly, is modified and the direction given to the Registry to return the papers for its presentation before the appropriate Sessions court is modified and the Registry is directed to place the application for leave to file appeal on the admission board after two weeks. 5 Application for modification is disposed of. (V.M. KANADE, J.)