Madhya Pradesh High Court
Smt. Bhawna Sharma vs The State Of Madhya Pradesh on 7 August, 2019
1 MCRC-27926-2019
THE HIGH COURT OF MADHYA PRADESH
MCRC-27926-2019
(Smt. Bhavna Sharma Vs. State of M.P.)
Gwalior, dated : 07.08.2019
Shri D.R. Rahul, learned counsel for the applicant.
Shri M.M. Tripathi, learned Public Prosecutor for the
respondent/State.
This is the second application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 21.09.2018 in connection with Crime No.170/2018 registered at Police Station Bilaua, District Gwalior for the offence punishable under Sections 312, 313, 376(b), 120(b) and 201 of IPC. Her earlier bail application was dismissed as withdrawn by this Court.
It is the submission of learned counsel for the applicant that the case is of false implication. She was not involved in the case in hand so far as offence under Section 376(b) of IPC is concerned. She is at best a caretaker of the Snehalaya and nothing more. Main witness Puja Sharma has already been substantially examined and, therefore, chance of tampering with the evidence is remote. It is further submitted that she would not be a source of embarrassment and harassment to the complainant party especially the differently abled victim and Puja Sharma in any manner and she would not move in their vicinity and she would not move in the Snehalaya also till the conclusion of the trial. She undertakes to cooperate in the trial and make herself available on all dates. Therefore, she may be released on 2 MCRC-27926-2019 bail.
Learned Public Prosecutor for the respondent-State opposed the prayer and submits that looking to the nature of the allegations and the evidence of the prosecution, the application may be dismissed.
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.2,00,000/- (Rupees Two Lacs Only) with two solvent sureties of the like amount each, to the satisfaction of the Trial Court concerned.
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 not commit an offence similar to the offence of which she is accused;
3. The applicant will not seek unnecessary adjournments during the trial; and
4. The applicant would regularly appear before the Trial Court on all the dates and any default shall dis-entitle her from the benefit of bail.
5. The applicant would not intimidate or persuade the victim and such prosecution witnesses and will not try to contact
3 MCRC-27926-2019 them in any manner and any complaint in this regard shall dis-entitle her from the benefit of bail.
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be and she would surrender her passport before the Trial Court.
As per the undertaking given by counsel on behalf of the applicant, it is hereby directed that applicant shall plant 50 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^^ She 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, she 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 4 MCRC-27926-2019 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 dis-entitle the applicant from enjoying the benefit of bail.
The applicant shall be at liberty to plant these saplings/trees at Sirol Hill, near New Collectorate, Gwalior, 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.
Certified copy as per rules.
(Anand Pathak) Judge Abhi ABHISHEK CHATURVEDI 2019.08.07 18:18:48 +05'30'