RAVINDRA JATAV Vs. STATE OF M.P.

JUDGEMENT

(1.) Matter is heard through video conferencing. Heard on I.A.No. 547/2020, an application under Section 389 of Cr.P.C. moved on behalf of appellant for suspension of his remaining jail sentence.

(2.) By the impugned judgment of sentence and order of conviction, appellant has been convicted for offence under Sections 8 (C) /21 (B) of NDPS Act and sentenced to suffer four years of RI with fine of Rs. 50,000/- and default stipulation.

(3.) It is the submission of learned counsel for the appellant that mandatory provisions of Section 50 of NDPS Act have not been followed and in support of his submission he relied upon the decision of Apex Court in the matter of Vijaysinh Chandubha Jadeja vs State Of Gujarat , (2011) 1 SCC 609. According to him, appellant already suffered incarceration for six months which is anathema to principle of personal liberty because trial Court erred in convicting the appellant and awarding jail sentence. Appellant does not bear any criminal record. Fine amount has already been deposited. He is a man of modest background. He learnt the lesson hard way. Hearing of appeal will take time. Looking to the prevailing condition of COVID- 19, he seeks suspension of his remaining jail sentence on sympathetic grounds also. He undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID- 19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing. Further looking to the situation of pandemic, he intends to serve the Nation by contributing his part by installing Arogya Setu App and by contributing in PMCARES Fund, in case his jail sentence is suspended..