Mitali Palnitkar
Published on: March 9, 2022 at 21:06 IST
The Gwalior Bench of Madhya Pradesh High Court directed a Bail Applicant to Plant Saplings of any ‘Fruit Bearing Tree’ or ‘Neem/Pipal tree’ as one of the conditions for Granting Bail.
Justice Anand Pathak cleared that the Bail Plea was allowed based on the Merits of the Case and not in Exchange of Social Service.
The Applicant was Accused for Offences under Sections 302 (Murder), 323 (Causing Hurt Voluntarily), 294 (Obscene Acts and Songs), 506 (Criminal Intimidation), and 34 of the Indian Penal Code.
The Applicant’s Case was that a False Case was registered against him. He submitted that Prosecution Witnesses including the Injured Witness were examined and there were Remote chances of Tapering with Evidences.
He Pleaded that his Case can be considered for Bail observing his period of Custody. He assured that he would co-operate in Trial and not trouble any Witness. He submitted that he Voluntarily intended to “Serve the National/ Environmental/ Social cause to purge his Misdeed.”
The Court decided to grant Bail to Accused considering his Arguments and Objection of State to the Application. The Court asked him to Furnish a Personal Bond of Rs 1,00,000 with Two Solvent Sureties of like amount to the Trial Court’s satisfaction.
As per condition 9 of the Bail Order, the Applicant would have to Plant 5 Saplings of Fruit Bearing Tree or Neem/Pipal tree which shall be 6-8 feet tall. The Saplings shall be surrounded with fences for their protection.
He shall submit Photographs of Saplings within 30 days of being Released from Jail. He shall also submit Status Report of planted Saplings to the Court every 3 months for the next 3 years.
He was directed to Geo-Tag the location of planted Saplings that is, he shall submit the Photographs by downloading the Mobile Application (NISARG App) prepared for Monitoring Plantation through Geo-Tagging.
The Court held that the Applicant shall take care of the Saplings, but in case he shows carelessness, it may also lead to Cancellation of Bail.
It Opined that the ideas of Mercy, Service, Love and Compassion shall be Rejuvenated as they are Fundamental for Existence of Humanity.
It clarified that this condition was put forth only after the Applicant expressed his desire to do so.
Also Read: ‘NISARG’ Monitoring App launched by the Madhya Pradesh High Court