Ramjiwan vs State Of Madhya Pradesh & Anr

The appellant has filed this appeal under Section 14(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being

aggrieved by order dated 21/6/2019 passed by trial Court; whereby, bail application u/S.439, Cr.P.C. of appellant has been rejected.

Appellant is in confinement since 28/5/2019 in connection with crime No. 91/2019 registered at Police Station AJK (Harijan -Cell), District Guna for

offences punishable under Sections 376 of IPC and Section 3 (1)(w) and 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989.

It is the submission of learned counsel for the appellant that case is of false implication. The narration of story as reflected in FIR and statement of

prosecutrix under Section 164 of Cr.P.C. indicates the improbable events. FIR has been filed after one day of the incident. Charge-sheet has already

been filed and confinement of appellant since 28/5/2019 amounts to pretrial detention. He undertakes to cooperate in the trial and would make himself

available before the trial Court on all dates as may be fixed in this regard. He also undertakes to do community service.

Learned counsel for the State opposed the bail application and prayed for its rejection.

Heard learned counsel for the parties and perused the case diary.

In the fact situation of the case, considering the submissions made by learned counsel for the appellant as well as the fact and that trial would take

some time, without expressing any opinion on merits of the case, I deem it appropriate to allow this appeal in the following terms.

It is hereby directed that the appellant shall be released on bail on his furnishing a personal bond of Rs. 50,000/-(Rupees Fifty Thousands only) with

one solvent surety of the like amount to the satisfaction of Trial Court.

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

The appellant will comply with all the terms and condition s of the bond executed by him;

The appellant will cooperate in the investigation/trial, as the case may be;

The appellant 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 and would not move in the vicinity of the

complainant;

The appellant shall not commit an offence similar to the offence of which he is accused;

The appellant will not seek unnecessary adjournments during the trial;

The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

As per the undertaking given by counsel on behalf of the appellant, it is hereby directed that appellant shall plant 05 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 appellant

not only to plant the saplings but also to nurture them. “ , †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

appellant. The report shall be submitted by the appellant before the trial Court every month till conclusion of the trial.

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 appellant regarding compliance. Therefore, trial Court is directed to submit a report

regarding progress of the trees and the compliance made by the appellant 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 appellant in plantation or caring of trees shall disentitle the appellant from enjoying the benefit of bail.

The appellant 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.