(1.) These three appeals arise from a Sessions Case charge sheeted for offences punishable under Sections 364A and 120B as against three persons, namely Dulara Mondal (first accused), Samsud Doja (second accused) and Shah Alam (third accused). All of them were found guilty and sentenced to undergo imprisonment for life and to pay fine of Rs. 5000/- each with a default sentence of rigorous imprisonment, for having committed offences charged with.
(2.) We have heard learned Counsel for the appellants in all the appeals and learned Additional Public Prosecutor on behalf of the State.
(3.) Opening his submission, learned Counsel for the appellant in the three appeals submitted that all the appellants have been in custody since their arrest and they have spent more than fourteen years in custody since then. He submitted that no case can be sustained under Section 364A of the Indian Penal Code. At best, a case under Section 363 may be made out for which the maximum punishment prescribed is seven years of imprisonment and the appellants have been in custody for more than seven years.