(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.

(4.) Under the provisions of Section 374, Cr. P. C., appeal against the conviction and imprisonment of 5 (five) years awarded by an Assistant Sessions Judge lies to the Court of Session and such Sessions Judge or Additional Sessions Judge shall hear the appeal. And the High Court, in absence of any exceptionable ground, does not exercise appellate jurisdiction and does not function as appellate Court in such an appeal. Thus, this appeal should not have been entertained. It is not the case here, that this appeal could not have been presented before the Court of Session as the Sessions Judge or Addl. Sessions Judge could not have heard the appeal because of some reasons, may be of relationship with the accused or otherwise, or that the Sessions Judge or Addl. Sessions Judge was not available in the concerned Sessions Division at the relevant time. Now, what will be the appropriate order to be passed After considering the entire matter, I am of the opinion that it may be proper and will be in the interest of all concerned to transfer this appeal along with the connected records and Misc. cases to the appropriate appellate Court i.e. Sessions Judge having the jurisdiction instead of returning the memo of appeal and also the application for bail to the appellant for presenting the same to the appellate Court.

(5.) Accordingly, this appeal along with the connected Misc. case including the records of disposed of cases stand transferred to the appellate Court i.e. Sessions Judge, Kailasahar, North Tripura and on receipt of the same, the learned Sessions Judge, Kailasahar, North Tripura shall re-register the case and proceed according to law.

(6.) For clarification, the bail order passed in Cri. Misc. Appln. No. 168/2002 in respect of the two of the appellants shall continue during the pendency of the appeal before the appellate Court though subject to fresh order as per law and the Cri. Misc. Appln. No. 17/2003 regarding the bail of the another accused person will be re-registered by the appellate Court and the same shall be heard by the appellate Court.

(7.) Now, I have been informed by the learned counsel from the Bar that there is an Additional District and Sessions Judge posted at Dharmanagar within the Sessions Division of North Tripura and the principal Sessions Judge sits at Kailasahar and I have again been informed that by a notification issued by the High Court, the Addl. Sessions Judge at Dharmanagar has been empowered to take up the matter without the matter having been transferred by the principal Sessions Judge from Kailasahar. Still, transmit this matter to the Sessions Judge, kailasahar who may transfer the same to the Addl. Sessions Judge, Dharmanagar for hearing the same. Order accordingly.