Madhya Pradesh High Court
Monu @ Dheeraj Koli vs The State Of Madhya Pradesh on 25 July, 2019
THE HIGH COURT OF MADHYA PRADESH
1 M.Cr.C. No.16727/2019
Monu alias Dheeraj Koli Vs. State of Madhya Pradesh
Gwalior Bench Dated: 25/07/2019
Shri R.K. Bohre, learned counsel for the applicant.
Shri Sumit Mishra, learned PL for the respondent/State.
With consent heard finally.
This is the first application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 20-02-2019 in connection with Crime No.63/2019 registered at Police Station Inderganj, District Gwalior for the offence punishable under Sections 363 and 376 of IPC.
It is the submission of learned counsel for the applicant that a false case has been registered against him which is reflected from the Court statement of prosecutrix and other prosecution witnesses who did not support the story of prosecution and declared hostile. Chance of tampering with the evidence is remote by now. Confinement since 20-02-2019 amounts to pretrial detention. He undertakes to cooperate in trial and keep himself available as and when required by the trial Court. He further undertakes not to move in the vicinity of the prosecutrix and would not be a source of harassment and embarrassment to the prosecutrix in any manner and to do some community service as directed by this Court. He prayed for grant of bail.
Learned Panel Lawyer for the respondent-State opposed the prayer and prayed for dismissal of the application.
THE HIGH COURT OF MADHYA PRADESH 2 M.Cr.C. No.16727/2019 Heard the learned counsel for the parties and perused the case diary.
Considering the fact situation as well as submissions advanced and the fact and circumstances of the case, but without commenting on the merits of the case, this Court intends to allow the bail application. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand 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 following conditions by the applicant:-
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.
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 counsel on behalf of the THE HIGH COURT OF MADHYA PRADESH 3 M.Cr.C. No.16727/2019 applicant, it is hereby directed that applicant shall plant 5 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 gSA " 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 progress reports shall be submitted by the applicant 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 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 shall be placed under the caption "Direction" before this Court.
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 his choice if he intends to protect the trees THE HIGH COURT OF MADHYA PRADESH 4 M.Cr.C. No.16727/2019 on his 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.
(Anand Pathak) Judge Anil* Digitally signed by ANIL KUMAR CHAURASIYA Date: 2019.07.26 06:54:08 +05'30'