Crl.A. 7/2004 BEFORE THE HON’BLE MR. JUSTICE K. MERUNO None appears on behalf of the appellant, though Mr. S.S.S. Rahman has been shown as learned counsel for the appellants. The learned counsel has appeared before this Court on 06-01-2004 and thereafter the matter was listed on 26-07-2011 and the learned counsel Mr. Rahman has also put appearance on that day and the matt er was directed to be posted for hearing on 02-08-2011. Today when the matter is called upon, the learned counsel for the appel lants is not present. This appeal being a jail appeal, the same has to be heard and disposed o f as expeditiously even in the absence of the learned counsel for the appellants . This appeal has been filed under Section 374 of the Code of Criminal Pro cedure, 1973 against the conviction passed by the learned Addl. Sessions Judge N o.2, Sivasagar dated 18-12-2003 in Sessions Case Mp/18(S-C) 2003 (New) correspon ding to old Sessions Case No.115 (S-C) 2002 whereby the appellants were convicte d to undergo Rigorous imprisonment for 3(three) years under Section 366 read wit h Section 34 of the IPC with fine of Rs.1000/- each and in default another rigor ous imprisonment for 3(three) months. Section 374 (2) of the Code of Criminal Procedure, 1973 stipulates that any person convicted on a trial held by a Sessions Judge or an Additional Sessio ns Judge or on a trial held by any other Court in which a sentence of imprisonme nt for more than seven years [has been passed against him or against any other p erson convicted at the same trial], may appeal to the High Court. On plain reading of the said provision of the Section, it is crystal cle ar that if a sentence of imprisonment for more than seven years has been passed, the convicted person may file appeal to the High Court. Since the ingredient o f the Section 374(2) has not been fulfilled, therefore, as stipulated under Sect ion 372 of the Code of Criminal Procedure, no appeal lies unless otherwise provi ded. Therefore, this appeal being filed under Section 374 of the Criminal proce dure of code, 1973 shall not lie and accordingly the same stands rejected. Further also from the judgment, on which date, the appellants have been convicted is on 18-12-2003. Today, being 02-08-2011, it appears that the convic ted period prescribed in the said judgment and conviction stood expired and in t his view of the matter, if the appellants are still in custody or jail, since th e conviction has already expired, the appellants should be released forthwith,. With the above direction, this Criminal Appeal stands disposed of. Return the LCRs forthwith to the court below.