Tree Plantation, Water Harvesting and more: How Community Service plays into bail orders by MP HC’s Justice Anand Pathak

In an intriguing series of bail orders, Justice Anand Pathak of the Madhya Pradesh High Court has taken to imposing unique conditions for the grant of bail in various criminal cases.

Four orders passed by the judge between September and December last year lay down bail conditions such as the planting of trees, the setting up of water harvesting facilities and community service at a primary health centre for the grant of bail.

The cases in which bail has been granted involve charges of rape, gangrape of a minor, attempt to murder, abetment of suicide, outraging the modesty of a woman, house trespass under the Indian Penal Code and offences under the Protection of Children from Sexual Offences (POCSO) Act.

The bail applicants in all these cases, however, have pleaded that they have been falsely implicated. After considering submissions, Justice Pathak granted bail on the payment of a personal bond and like surety, without commenting on the merits of the case.

Further, the judge also imposed general conditions i.e. that the bail applicants must cooperate with the investigation/trial, that the applicants must not influence witnesses in the case, that the applicants must not commit similar offences or act to become a “source of embarrassment and harassment” to the respective complainants, that the applicant will not seek unnecessary adjournments during trial, and other allied conditions.

In addition to these general conditions, however, the Judge also added an element of community service as a condition precedent in each case.

The water harvesting movement gets one more participant

In Jitendra Paribar v State of Madhya Pradesh, bail was granted on the condition that the bail install a water harvesting system or a water recharge system in her house within two months from the date of the order.

“…looking to the fact that water is depleting day by day and this area is anticipated to come under Zero Day zone, it is imperative that applicant must install Water Harvesting System or Water Recharge System in their house in which she is residing within two months from today … Applicant shall have to maintain the said system in future on regular basis. After installation of system, applicant shall submit a report and compliance certificate (if required), as well as photographs in this regard before the registry of this Court, which shall be placed before this Court…”

The Court added,

“This direction is being given by this Court in peculiar fact situation and looking to the intent and desire of the applicant to do some work for the betterment of Environment and Community. It is earnestly expected that this act of applicant would create an atmosphere of awareness in the public regarding water conservation."

The rape case in connection with which the bail applicant was arrested involved charges under Sections 376 D(A), 190 and 506 of the IPC and Sections 5/6 of the POCSO Act.

"Human existence at stake due to environmental degradation", Court orders that trees plantation by applicant must be court-monitored

In Shivkumar v. State of MP, the bail applicant was directed to plant 10 saplings (either fruit bearing trees or Neem/ Peepal) and make arrangements for the protection and nurturing of the trees as an additional condition. The Court directed,

“… it is the duty of the applicant not only to plant the saplings but also to nurture them… 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 alongwith a report before the concerned trial Court within 30 days from the date of release of the applicant. The progress reports thereafter, shall be submitted by the applicant before the trial Court every month till conclusion of trial.”

Further, Justice Pathak added the Trial Court should monitor the progress of the trees, while observing,

“… 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.”

The applicant was also directed to place short reports on the progress of the Trees before the High Court every two months.

The case in connection with which the applicant was detained involved charges under Sections 307, 147, 148, 149, 323, 294, 341, 336, 324, 506 and 201of the IPC.

Healthcare service to address the anatomy of violence

In Banti Jatav v. State of MP, the bail applicant was directed to volunteer at a Primary Health Centre in the Morena district every Monday and Tuesday from 9 am to 1 pm for one year. ,

The Court specified that his role would be to assist the doctors while serving outdoor patients. It was further clarified that the applicant would not be allowed to move inside the operation theatre. Justice Pathak also emphasised that the duty doctors should ensure that he does not become a source of infection or discomfort to the patients. His order also records

“This direction is given looking to the age of the applicant so that he can get a chance to assimilate in the main stream…

… 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.”

The bail applicant was also directed to file a report in December 2020, on the work done by him and suggestions, if any, for improvement of the system. The applicant in this case had been in custody for over 5 months in case involving charges under Sections 306, 376 and 323 of the IPC.

Plea to do community service by blood donation allowed

In the case of Rishi Ahirwar v. State of Madhya Pradesh & Anr., the bail applicant was a Patwari (government official who keeps land records) who had been arrested in connection with a case with charges registered under Sections 354, 457 of the IPC and Sections 7 and 8 of the POCSO Act. The applicant told the Court that the case was falsely foisted on him following a personal dispute. Bail was granted on furnishing a personal bond of Rs 2 lakhs and two like sureties.

Additionally, Justice Pathak also recorded that the applicant wished to donate blood as part of his undertaking to perform community service.

“As per the submission of counsel for the applicant on the basis of instruction so received, if applicant at all intents to donate blood then he is at liberty to do so at J.A.Hospital, Blood Bank … It is made clear that it is purely optional and concerned Doctor/Para Medical Staff shall ensure the Health and General Well Being of the applicant and do all necessary prerequisite tests of applicant before taking blood…

… It is made clear that this is a voluntary act of applicant which is reflected through duly submitted application and affidavit of relative of applicant.”

The Court also made the following appreciative note, before concluding its order.

“The applicant's efforts regarding blood donation are appreciated because of his realization of the rising need for blood availability in India where accidents and traumatic cases are rampant. This effort of applicant would give an impetus to blood donation campaign.”

[Read the orders below]