'Important To Rejuvenate Ideas Of Love & Mercy': Madhya Pradesh High Court Directs Murder Accused To Plant Saplings As Condition For Bail

Justice Anand Pathak however made it clear that the bail plea was allowed based on the merits of the case and not in exchange for any social service.

"Bail is granted once the case is made out for bail and thereafter, direction for plantation of saplings is given and it is not the case where a person intends to serve social cause can be given bail without considering the merits," the Bench said.

The development ensued in a bail application filed by the Applicant accused for offences punishable U/S 302 (Murder), 323 (voluntarily causing hurt), 294 (Obscene acts and songs), 506 (criminal intimidation), 34 IPC.

The case of the Applicant was that a false case was registered against him. He further submitted that the prosecution witnesses, including injured witness had been examined, and therefore, chance of tampering with the evidence/witnesses was remote. He pleaded that looking to his period of custody, his case be considered for bail. He assured the Court that he would not trouble any of the witnesses and would cooperate in trial. Furthermore, the Applicant submitted that he voluntarily intended 'to serve the National/Environmental/Social cause to purge his misdeed', in case he was granted bail.

Considering the arguments of the Applicant and the State's objection to the application, the Court decided to grant bail to the accused-

Considering the submission specially the fact that material prosecution witnesses have been examined, therefore, chance of tampering with the evidence is remote and further looking to the period of custody, this Court intends to allow this application but with be released on bail, on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with two solvent sureties of like amount to the satisfaction of trial Court.

Laying down the conditions of bail, the Court added a condition, pursuant to which the Applicant would have to plant saplings.

As per condition 9 of the bail order, the Applicant would have to-

• Plant 5 saplings of 'fruit bearing tree' or 'Neem/Pipal' tree, which should be 6-8 feet tall, so that they develop sooner.
• Surround the saplings with fences for their protection, because nurturing the saplings is as important as planting them.
• Submit photographs of the planted saplings within 30 days of getting released from jail.
• Submit status report of planted saplings to the Court in every three months, for the next three years.

The Court further directed him to geo-tag the location of the planted saplings-

It is expected from the applicant that he shall submit photographs by downloading the mobile application (NISARG App) prepared at the instance of High Court for monitoring the plantation through satellite/Geo-tagging.

The Court held that it is imperative that the Applicant takes care of the saplings because the changing conditions in the environment has put the existence of humanity at stake. Therefore, the Court held that any carelessness shown by the Applicant in this regard would not be taken lightly, and that it could also lead to cancellation of his bail.

It was explained by the Court that this condition is put forth as an experiment to tackle the thoughts of violence and evil with the use of nature, so as to stabilise the society. The Court opined that in the present times, it is important that we rejuvenate the ideas of mercy, service, love and compassion in human life, as they are fundamental to the existence of humanity.

The Court clarified that this condition was put in only after the Applicant expressed his desire to do social service.

Case Title: Kalla @ Vidyaram Vs. State of M.P.

Citation: 2022 LiveLaw (MP) 66

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