Ravindra Jatav vs State Of Madhya Pradesh

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.

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.

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.

Learned counsel for the respondent/State opposes the prayer and prayed for its rejection.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.

After considering the rival submissions as well as considering the peculiar fact situation, wherein, we are facing wrath of pandemic COVID-19, this Court is of the considered opinion that jail sentence of appellant deserves to be suspended.

As this Court is not in a position to consider the facts of the case in detail, however, considering the fact that in view of COVID-19 pandemic and keeping in view the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case and the period of custody undergone of appellant, it is directed that jail sentence of appellant shall remain suspended subject to appellant's furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a surety bond in the like amount to the satisfaction of the trial Court to appear before Registry of this Court on 19/11/2020 and all other subsequent dates as may be fixed in this regard and that he will have to install Arogya Setu App and he shall have to deposit Rs. 5,000/- in PM CARES Fund having Account Number : 2121PM20202, IFSC Code: SBIN0000691, SWIFT Code : SBININBB104, Name of Bank & Branch : State Bank of India, New Delhi Main Branch within one and half month.

Further, as undertook by the appellant through his counsel, the appellant shall register himself with the District Magistrate concerned as "Covid-19 Warriors" by entering his name in a Register named as COVID-19 WARRIOR REGISTER to be maintained in the o/o the concerned DM who in turn shall assign work to appellant of Covid-19 disaster management at the discretion of District Magistrate, by taking all prescribed precautions. The nature, quantum and duration of the work assigned is left to the the wisdom of District Magistrate, concerned. This Court expects that the appellant shall rise to the occasion to serve the society in this time of crises to discharge his fundamental duty of rendering national service when called upon to do so, as per Article 51-A(d) of the Constitution.

Registry is directed to communicate about the passing of this order to the concerned District Magistrate for compliance.

The District Magistrate concerned is directed to intimate this Court in case this condition is not complied with and on receipt of any such intimation, Registry is directed to list the matter before appropriate bench.

E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.

Certified copy/ e-copy as per rules/directions.