Madhya Pradesh High Court
Rambabu vs The State Of Madhya Pradesh on 27 September, 2019
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C. No.37741/2019
(Rambabu Vs. State of M.P.)
Gwalior Bench:
Dated:27/09/2019
Shri Madhukar Kulshretha, learned counsel for the applicant.
Shri Arjun Parihar, learned Panel Lawyer for the respondent-
State.
This is third bail application under Section 439 of Cr.P.C. on behalf of the applicant, who is in custody since 15/10/2018 in connection with Crime No.66/2009 registered at Police Station Joura, District-Morena for the offence punishable under Sections 458/149, 323/149, 336/149, 364/511 of IPC and Section 11/13 of MPDVPK Act.
It is the submission of learned counsel for the applicant that a false case has been registered against the applicant and he is suffering confinement since 15/10/2018. Initially, FIR was registered against unknown persons and thereafter, charge-sheet has been filed against the applicant under Section 299 of Cr.P.C. and no intimation was given to the applicant regarding the case. Therefore, he did not appear and therefore, permanent order of arrest has been issued against the applicant. Other co-accused persons have been tried and acquitted by the trial Court. In trial of applicant, complainant (Babu @ Rambabu) did not support the story of the prosecution and declared hostile. Confinement since 15/10/2018 (for almost more than a year) amounts to pre trial detention. He undertakes to cooperate in the investigation/ trial and would make himself available as and when HIGH COURT OF MADHYA PRADESH 2 M.Cr.C. No.37741/2019 (Rambabu Vs. State of M.P.) required by the trial Court. He would not be a source of embarrassment and harassment to the complainant party in any manner. He further undertakes to do some community service. Under these circumstances, he prayed for grant of bail.
Learned counsel for the respondent-state 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 that confinement amounts to pre trial detention, without expressing any opinion on merits of the case, 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:-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. 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.
HIGH COURT OF MADHYA PRADESH 3 M.Cr.C. No.37741/2019 (Rambabu Vs. State of M.P.)
4. The applicant will not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. As per the undertaking given by learned counsel on behalf of the applicant, it is hereby directed that applicant shall plant 5 saplings (either fruit bearing trees or Neem and 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 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 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 report shall be submitted by the applicant before the trial Court concerned 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 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 HIGH COURT OF MADHYA PRADESH 4 M.Cr.C. No.37741/2019 (Rambabu Vs. State of M.P.) shall be placed under the caption "Direction" before this Court. Any default shall disentitle the applicant from benefit of bail.
The applicant is directed to plant these saplings/ trees at the place of his choice, if he intends to protect the trees on his 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."
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Anand Pathak)
vc Judge
VARSHA Digitally signed by VARSHA CHATURVEDI
CHATURVE
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=df59fbf0f5c7485addc8affe3edf20e67d11d7f91045d81139f6792 fbd4ae91f, 2.5.4.45=0321008AE87CF73A0689160B013BB567F9F88C3A679353F0F90 ADCBE50246904A64CBB, cn=VARSHA CHATURVEDI DI Date: 2019.09.30 10:33:45 -07'00'