Vishal And Another vs State Of Madhya Pradesh

The applicants have filed this first application under Section 439 of Cr.P.C for grant of bail, who have been arrested and are in custody since 20-10-2019, in connection with Crime No.282/2019, registered at Police Station Dinara District Shivpuri for the offence punishable under Section 34(2) of the M.P. Excise Act.

It is the submission of learned counsel for the applicants that false case has been registered against them. Investigation is completed and charge-sheet is yet to be filed. They undertake to cooperate in the investigation and trial and to appear before the trial court as and when required and further undertakes to do some community service. Confinement since 20-10-2019 amounts to pretrial detention. Thus, prayed for bail.

Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of this application.

Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the application is allowed. It is directed that the applicants shall be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each, with one solvent surety each of the like amount to the satisfaction of Trial Court concerned.

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

The applicants will comply with all the terms and conditions of the bond executed by them;

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

The applicants will not indulge themselves 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 applicants will not commit an offence similar to the offence of which they are accused;

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

The applicants 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 applicants, it is hereby directed that applicants shall plant 5 saplings each applicant (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 applicants not only to plant the saplings but also to nurture them. " वृक्षारोपण के साथ, वृक्षापोषण भी आवश्यक है। " They 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, they 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 applicants 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 applicants 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 applicants in plantation or caring of trees shall disentitle the applicant froms enjoying the benefit of bail.

The applicants shall plant these saplings/ trees at their own choice and protect the trees on their 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.