Santosh vs State Of Madhya Pradesh

This is second application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 05/07/2019 in connection with Crime No.224/2019 registered at Police Station Bamore, District-Morena for the offence punishable under Sections 379, 394, 395 of IPC and Section 11/13 of M.P.D.V.P.K. Act. His first bail application was dismissed as withdrawn vide order dated 16/10/2019 passed in MCRC No.37484/2019.

It is the submission of learned counsel for the applicant that a false case has been registered against him and he is suffering confinement since 05/07/2019 amounts to pre trial detention. It is further submitted that initially complaint was registered under Section 379 but later on Section 394 and 395 of IPC were added. Charge-sheet has already been filed. He undertakes to cooperate in the trial as well as in the investigation and would make himself available as and when required and would not be a source of embarrassment or harassment to the complainant party in any manner. Learned counsel further submits that the applicant intends to perform some community service. He further submits that co-accused Pillu @ Jogendra Gurjar was enlarged on bail by this Court vide order dated 13/11/2019 and he seeks parity viz a viz Pillu @ Jogendra Gurjar. Therefore, prayed for bail.

Learned Public Prosecutor for the respondent-state opposed the prayer and prayed for dismissal of the application.

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

Considering the submissions made by learned counsel for the parties as well as the fact that confinement amounts to pretrial detention, without expressing any opinion on merits of the case, maintaining parity, the application filed under Section 439 of Cr.P.C. is allowed. It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his regular appearance before the trial Court concerned on the dates fixed by the Court during the trial.

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

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

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

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 from disclosing such facts to the Court or to the Police Officer, as the case may be.

The applicant will not commit an offence similar to the offence of which he is accused;

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

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

As per the undertaking given by counsel on behalf of the applicant, it is hereby directed that applicant shall plant 10 saplings (either fruit bearing trees or Neem/Peepal) in his vicinity 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., and either in the vicinity or at some safe place earmarked for plantation by forest department 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 report shall be submitted by the applicant before the trial Court every month for next one year.

It is also 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 seek a report regarding progress of the trees from the applicant regularly and the compliance made by the applicant be informed by the trial Court to this Court by placing a short report before this Court every month for next year, which shall be placed under the caption "Direction" before this Court. This way, a vigilance shall be ensured regarding preservation of environment.

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 or he may plant the saplings at its vicinity/area for which applicant shall have to bear necessary expanses for plantation of the trees and their measures for safeguard.

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 Court concerned for compliance.

Certified copy as per rules.