Madhya Pradesh High Court
Hem Singh Alias Raj Dhakad vs The State Of Madhya Pradesh on 5 August, 2019
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.32198/2019
(Hem Singh alias Raj Dhakad Vs. State of M.P.)
Gwalior, dated : 05.08.2019
Shri Ashish Jadon, learned counsel for the applicant.
Shri M.M.Tripathi, learned Panel Lawyer for the
respondent/State.
This is second application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 03.06.2019, in connection with Crime No.222/2018, registered at Police Station Kailaras, for the offence punishable under Sections 363, 376 of IPC and Section 3/4 of POCSO Act.
It is the submission of learned counsel for the applicant that all material witnesses have been examined before the trial Court in the case in hand and thereafter, applicant is suffering incarceration which amounts to pretrial detention. Earlier, he was granted bail vide order dated 19.11.2018 passed in M.Cr.C.No.45141/2018 after being confined for more than three months. Later on, his bail bonds were cancelled vide order dated 08.04.2019 passed in M.Cr.C. No.5403/2019 whereby application under Section 439(2) of Cr.P.C. preferred by the complainant has been allowed.
For last two months, applicant is in confinement as he surrendered himself before the course of law on 03.06.2019 It is fairly submitted that applicant learnt the lesson hard way. 2
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.32198/2019 (Hem Singh alias Raj Dhakad Vs. State of M.P.) He undertakes to cooperate in the investigation/trial and would make himself available as and when required. He would not be a source of embarrassment and harassment to the prosecutrix/complainant party in any manner. Therefore, the applicant may be released on bail.
Learned Public Prosecutor for the respondent/State opposed the prayer.
Heard the learned counsel for the parties and perused the case diary.
Considering the submissions advanced, looking to the facts and circumstances and looking to the age of applicant as well as undertaking given above, but without commenting on the merits of the case, the application is allowed.
However; the conduct of applicant indicates that he took the Court order lightly and interfered in the "Administration of Justice" by not obeying the terms and conditions of the bail order. Therefore, it is fit case for breach of bail order.
It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety of the like amount to the satisfaction of the Trial Court concerned.
This order will remain operative subject to compliance of the 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.32198/2019 (Hem Singh alias Raj Dhakad Vs. State of M.P.) following conditions by the applicant:-
1. The applicant shall comply with all the terms and conditions of the bond executed by him;
2. The applicant shall cooperate in the investigation/trial, as the case may be;
3. The applicant shall 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;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant shall not seek unnecessary adjournments during the trial; and he would not move in the vicinity/area of the prosecutrix and he would not be a source of embarrassment and harassment to the complainant in any manner otherwise he shall not be entitled for grant of benefit of bail because he has already suffered cancellation of bail within a month of release.
6. The applicant shall not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The applicant shall mark his presence before the concerned police station on every Monday and Friday between 10 am to 4 pm, till conclusion of trial.
8. As per the undertaking of the counsel on behalf of the applicant for social/ community work, the applicant is directed to visit Civil Hospital/Community Health Center at Kailaras, Morena in Outdoor 4 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.32198/2019 (Hem Singh alias Raj Dhakad Vs. State of M.P.) Patient Department (OPD) and serve the patients for four months i.e. for the month of August, September, October and November, 2019 on every Tuesday and Wednesday between 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- Morena/ Hospital Superintendent, Kailras, District Morena 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 will not be a source of infection or any embarrassment to any patient. He would not be allowed to move in the Wards and ICU etc. CMHO, Morena/Superintendent of Civil Hospital, Kailras, Morena 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.
A copy of this order be sent to CMHO, Morena for information and ensuring compliance of this order. CMHO, Morena 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 5 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.32198/2019 (Hem Singh alias Raj Dhakad Vs. State of M.P.) the applicant after completion of his stint with community service in the month of August, September, October and November, 2019. The report may be submitted in November, 2019. 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 engrained attributes of human existence.
9. As per the undertaking also 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 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 this Court alongwith a report within 30 days from the date of release of the applicant. The progress report shall be submitted by the applicant before this Court every month, till conclusion of the trial. 6
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.32198/2019 (Hem Singh alias Raj Dhakad Vs. State of M.P.) 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 her choice if he intends to protect the trees on his owncost by providing tree guards or fencing or he may plant the saplings at the place of his choice in his vicinity/area 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 Trial Court concerned for compliance.
C.C. as per rules.
(Anand Pathak) Judge Ashish* ASHISH CHOURASIYA 2019.08.06 15:45:50 +05'30'