Madhya Pradesh High Court
Monu Rawat vs The State Of Madhya Pradesh on 8 August, 2019
Equivalent citations: AIRONLINE 2019 MP 865
HIGH COURT OF MADHYA PRADESH
1 Cr.A. No.6284/2019
(Monu Rawat Vs. State of M.P. and Another)
Gwalior Bench:
Dated:08/08/2019
Shri Ashish Singh Jadon, learned counsel for the appellant.
Shri Ravindra Sharma, learned Public Prosecutor for
respondent No.1-State.
Shri A.K. Jain, learned counsel for respondent No.2- complainant.
With consent heard finally.
The present appeal has been filed under Section 14 (a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the Act') against the order dated 09/07/2019 passed by Special Judge (SC & ST) Act, Morena whereby application under Section 439 of Cr.P.C. for grant of bail has been rejected by the trial Court.
Appellant has been arrested in connection with Crime No.325/2019 registered at Police Station Sabalgarh, District-Morena for the offence punishable under Sections 354 (A), 354, 341, 294, 323, 506 and 34 of IPC and Section 7,8 of POCSO Act and Section 3(2)(v), 3(1)(B) of SC & ST Act. He is in custody since 05/07/2019.
It is the submission of learned counsel for the appellant that a false case has been registered against him. The dispute erupted prior to the incident as alleged in the FIR and thereafter matter has been resolved at Police Station, but later on, at the instigation of some other persons, false case has been registered. Nature of allegations nowhere HIGH COURT OF MADHYA PRADESH 2 Cr.A. No.6284/2019 (Monu Rawat Vs. State of M.P. and Another) indicate the offence under Section 354 of IPC in categorical terms. Learned counsel for the appellant refers the marks-sheet cum certificate of High School Examination issued by the Board of Secondary Education, Bhopal to bring home the fact that he is a meritorious student and scored distinction in English and would have good career prospects and confinement would be detrimental to his prospects. He learnt the lesson hard way and would make an attempt to become a better citizen. He undertakes to perform community service with an undertaking that he would not be a source of embarrassment and harassment to the complainant party in any manner.
Learned Public Prosecutor for the respondent-State opposed the prayer and prayed for dismissal of the application.
Learned counsel for the complainant opposed the prayer and prayed for its dismissal.
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 situation of the case, 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 appellant shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like HIGH COURT OF MADHYA PRADESH 3 Cr.A. No.6284/2019 (Monu Rawat Vs. State of M.P. and Another) amount to the satisfaction of the trial Court concerned.
This order will remain operative subject to compliance of the following conditions by the appellant:-
1. The appellant will comply with all the terms and conditions of the bond executed by her;
2. The appellant will cooperate in the investigation/trial, as the case may be;
3. 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;
4. The appellant shall not commit an offence similar to the offence of which he is accused;
5. The appellant will not seek unnecessary adjournments during the trial; and
6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The appellant would not move in the vicinity of the prosecutrix/ complainant and would not be a source of embarrassment and harassment to her and her family members else, he shall be dis- entitled for the benefit of bail.
8. The appellant will appear before the Police Station, Sabalgarh, District-Morena on 1st of every month till conclusion of trial and would regularly appear before the trial Court on the dates fixed by it.
A copy of this order be sent to the Court concerned for compliance.
As per the undertaking given by counsel on behalf of the appellant, it is hereby directed that appellant shall plant 5 saplings (2 of Peepal, 2 of Neem and 1 of Gular) 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. " o`{kkjksi.k ds lkFk] o`{kkiks"k.k Hkh vko';d gS A" He shall plant saplings/ trees preferably of 6-8 ft., so that they HIGH COURT OF MADHYA PRADESH 4 Cr.A. No.6284/2019 (Monu Rawat Vs. State of M.P. and Another) 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 on 1st of every month.
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 shall disentitle the appellant from benefit of bail.
The appellant is directed to plant these saplings/ trees in his vicinity, if he intends to protect the trees on his own cost by providing tree guards or fencing, for which appellant shall have to bear necessary expenses for plantation of the trees and their measures for safeguard.
"It is not the question of Plantation of Tree but the Germination of a Thought."
Appellant is further directed to visit Community Health Center, HIGH COURT OF MADHYA PRADESH 5 Cr.A. No.6284/2019 (Monu Rawat Vs. State of M.P. and Another) Sabalgarh, District-Morena in Outdoor Patient Department (OPD) and serve the patients on every Monday and Tuesday between 09:00 am to 1 pm from the date of release of appellant (for next six months), 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 -Morena /Hospital Superintendent as the case may be, shall permit the appellant to work in the Outdoor Patient Department only while assisting the male nurses to serve the patients. He would not be allowed to move in the Wards and ICU etc. CMHO, Morena / Hospital Superintendent shall use the service of appellant in maintaining cleanliness in the building and serving the patients and doing work like First Aid etc., so that appellant may inculcate some basic knowledge of First Aid or Emergency Care of patients which may be helpful for unforeseen exigencies or natural calamities wherein appellant may be helpful as a volunteer. It is made clear that appellant shall not be a source of any infection and discomfort to the patients and would confine himself in the work of cleanliness, registration of patients or those works which may not endanger the interest of any patient.
A copy of this order be sent to CMHO, Morena/Hospital Superintendent for information and ensuring compliance of this order. CMHO / Hospital Superintendent, Morena may inform the Registry of this Court, if any default is made by the appellant. Even otherwise, HIGH COURT OF MADHYA PRADESH 6 Cr.A. No.6284/2019 (Monu Rawat Vs. State of M.P. and Another) CMHO/Hospital Superintendent as the case may be, may submit a report about the conduct and the work done by the appellant every month, which shall be kept under the caption "Direction". The report may be submitted in September, 2019. On the other hand, appellant 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 engrained attributes of human existence.
Copy of this order be sent to the District Judge, Morena, CMHO, Morena /Hospital Superintendent of concerned Hospital for information and necessary compliance.
Certified copy as per rules.
(Anand Pathak)
vc Judge
VARSHA
CHATURVEDI
2019.08.09
14:31:11 -07'00'