Sanu @ Girraj vs State Of Madhya Pradesh

This is the second application under Section 439 of the Cr.P.C filed by the applicant. The applicant is in custody since 13/07/2019 in connection with Crime No.55/2019, registered at Police Station Aawada, District Sheopur, for the offences punishable under Sections 147, 148, 149, 436, 427 of IPC. His first bail application (M.Cr.C.No.32117/2019) was dismissed as withdrawn on 05/08/2019.

It is the submission of counsel for the applicant that after filing charge-sheet, trial conducted and out of 17 witnesses including the eye witnesses, all did not support the prosecution story and declared hostile. They did not recognize the applicant and therefore, chance of tampering with witnesses/evidences is remote. The applicant is in confinement since 13/07/2019 on false pretext. Even otherwise he learnt the lesson hard way. He undertakes to cooperate in the investigation/trial and make himself available as and when required by the trial court. He would not be a source of embarrassment and harassment to the prosecution witnesses in any manner. He further undertakes to do some community service. Under these grounds, he prayed for grant of bail to the applicant.

Learned Public Prosecutor for the State opposed the prayer made by the applicant.

Heard learned counsel for the parties and case diary perused.

Considering the submissions advanced by learned counsel for the applicant as well as 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.5,00,000/- (Rupees Five lakhs Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.

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

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; and he would not move in the vicinity of complainant party in any manner;

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;

The applicant shall 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 25 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 nurturethem. "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 three months for two 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 or where she lives if he intends to protect the trees on her own cost by providing tree guards or fencing for which applicant shall have to bear necessary expenses 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."

As per the undertaking of the counsel on behalf of the applicant for social/community work, the applicant is directed to visit Community Health Centre Sheopur/District Hospital Sheopur, in Outdoor Patient Department (OPD) and serve the patients for six months i.e. for the months of, December, 2019, January, February, March, April and May, 2020 on every Monday, Tuesday and Wednesday from 9 am to 1 pm so that he may learn the lesson to believe in peaceful co-existence in the society and become a better citizen. Chief Medical Health Officer (CMHO), District-Sheopur/Superintendent of Community Health Center, Sheopur as the case may be, shall permit the applicant to work in the Outdoor Patient Department only while assisting the ward boys and male nurses to serve the patients. He would not be allowed to move in the Wards and ICU etc.

CMHO, Sheopur/District Hospital Superintendent, Sheopur, shall use the service of applicant in maintaining cleanliness in the building and serving the patients and doing work like First Aid etc., so that applicant may inculcate some basic knowledge of First Aid or Emergency Care of patients which may be helpful for unforeseen exigencies or natural calamities wherein applicant may be helpful as a volunteer.

CMHO, Sheopur, may inform the Registry of this Court, if any default is made by the applicant. Even otherwise, CMHO may submit a report about the work done by the applicant after completion of his stint with community service in the months December, 2019, January, February, March, April, May 2020. The progress report may be submitted in every month till May, 2020. On the other hand, applicant shall also have to submit a report about his experience of community service before this Court, which shall be placed before this Court under the caption "Direction".

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 ingrained attributes of human existence.

A copy of this order be sent to District Judge Sheopur, Chief Medical and Health Officer Sheopur and Superintendent of District Hospital concerned, Sheopur also for information and ensuring compliance.

C.C. as per rules..