MAHADEVI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. No.2939/2020, which is an application for suspension of sentence and grant of bail to appellant nos.1 and 2.

(2.) This appeal has been preferred against the judgment dated 17/03/2020 passed by Special Judge (NDPS ACT) Gwalior(M.P.) in Special Case No. 06/2017 whereby the appellant No.1 Mahadevi has been convicted under Section 8 Read with 21(b) of the NDPS Act and appellant No.2 Neeraj has been convicted under Section 8 Read With Section 21(b) Read With Section 29 of the NDPS Act and both of them have been sentenced to three years with fine of Rs. Five Thousand in default to suffer RI for three months.

(3.) Learned counsel for the appellant submits that appellant No.1 Smt Mahadevi who is a lady and appellant No.2 have suffered incarceration for about 15 days during trial and are now in custody since 17/03/2020. About 30.70 Gram Smack has been recovered from joint possession of the appellants. They have no criminal antecedents. P.W.3 has turned hostile and has not supported the prosecution story. Attention has also been invited to the guidelines issued to all the States and Union Territories by the Apex Court for de-congesting the prisons in suo motu W.P. (C) No. 1/2020 (IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS) to consider release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less by constituting a High Powered Committee. Accordingly, prayer for suspension of custodial sentence is made.