Gaurishankar Jatav vs State Of Madhya Pradesh

This is the first bail application under Section 439 of Cr.P.C. on behalf of the applicant. The applicant is in custody since 18-09-2019 in connection with Crime No.521/2019 registered at Police Station Kotwali Shivpuri District Shivpuri for the offence punishable under Section 49-A of the M.P. Excise Act.

It is the submission of the applicant that it is the case of false implication. Quantity of liquor as referred in the charge-sheet does not indicate that the liquor was unfit for human consumption. No FSL report has been filed by the prosecution alognwith the charge-sheet to substantiate the allegations regarding Section 49-A of Excise Act. Applicant is behind the bar since 18-09-2019 and his confinement amounts to pretrial detention. He undertakes to cooperate in trial and would make himself available as and when required by the trial Court and further undertakes to perform some community services.

Learned Public Prosecutor for the State on the basis of case diary opposed the prayer made by the applicant.

Considering the submissions advanced by learned counsel for the applicant, the fact situation of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of like amount to the satisfaction of the concerned trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1- The applicant will comply with all the terms and conditions of the bond executed by him;

2- The applicant will cooperate in the investigation/trial, as the case may be;

3- The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4- The applicant shall not commit an offence similar to the offence of which he is accused;

5- The applicant will not seek unnecessary adjournments during the trial; and

6- The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7- In case, in the FSL report it is found that seized liquor was unfit for human consumption, then this order shall automatically stand recalled and the applicant shall have to surrender before the concerned trial Court.

As per the undertaking given by counsel on behalf of the applicant, it is hereby directed that applicant shall plant 2 saplings (either fruit bearing trees or Neem/ Peepal) alongwith tree guards or has to make arrangement for fencing for protection of the trees because it is the duty of the applicant not only to plant the saplings but also to nurture them.

" वृक्षारोपण के साथ, वृक्षापोषण भी आवश्यक है। " He shall plant saplings/ trees preferably of 6-8 ft., so that they would grow into full fledged trees at an early time. For ensuring the compliance, he shall have to submit all the photographs of plantation of trees/saplings before the concerned trial Court alongwith a report within 30 days from the date of release of the applicant. The progress reports shall be submitted by the applicant before the trial Court on expiry of every two months for three years.

It is the duty of the trial Court to monitor the progress of the trees because human existence is at stake because of the environmental degradation and Court cannot put a blind fold over any casualness shown by the applicant regarding compliance. Therefore, trial Court is directed to submit a report regarding progress of the trees and the compliance made by the applicant by placing a short report before this Court every quarterly (every three months), which shall be placed under the caption "Direction" before this Court.

Any default on behalf of applicant in plantation or caring of trees shall disentitle the applicant from enjoying the benefit of bail.

The applicant shall be at liberty to plant these saplings/ trees at an place of his choice if he intends to protect the trees on his own cost by providing tree guards or fencing.

This direction is made by this Court as a test case to address the Anatomy of Violence and Evil by process of Creation and a step towards Alignment with Nature. The natural instinct of compassion, service, love and mercy needs to be rekindled for human existence as they are innately engrained attributes of human existence.

"It is not the question of Plantation of a Tree but the Germination of a Thought."

A copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.