"Plant and care for ten saplings:" Madhya Pradesh High Court's condition for grant of bail to accused in attempt to murder case

The Gwalior Bench of the Madhya Pradesh High Court recently granted to bail to an accused in an attempt to murder case on the condition that he plants 10 saplings and care for them [Rinku Sharma v The State of MP]..Justice Anand Pathak said that the direction has been given as a test case to reconcile violence and evil through creation and harmony with nature.“Presently, there is a need to develop the nature of kindness, service, love and compassion as an essential part of human existence because these are the basic tendencies of human life and they need to be revived to maintain human existence,” the order recorded..The single-judge emphasised that the applicant’s duty did not cease at planting the trees but in continuing to providing nutrition to them and care for them, and any lapse could result in cancellation of bail. “Any lapse on the part of the applicant in the plantation or in the care of the trees may deprive the applicant of the benefit of bail.”.The applicant had sought bail on the grounds that he had suffered more than 30 months of incarceration as pretrial detention, and since statements of the prosecution witness had already been held by the trial court, there was a remote chance of evidence tampering.It was also stated that the applicant intended to perform community service to purge himself of the guilt he felt, and to serve a national, environmental or social cause..The Court was inclined to allow the application, however, considering the applicant's tainted criminal background, proceeded to impose stringent conditions. Therefore, it directed the accused to furnish personal bond of ₹1,00,000 along with two solvent sureties in the like amount to the satisfaction of trial court.It was further stated that the applicant must co-operate with the investigation, not commit any similar offence, tamper with witnesses, embarrass the complainant or leave the jurisdiction of the police station..Further, to ensure compliance with the direction to plant trees, the applicant was directed to produce photographs of all the trees planted before the trial court within 30 days from the date of release.“It is the duty of the trial court to monitor the progress of the trees as human existence is at stake due to environmental degradation, and the court cannot ignore any negligence shown by the applicant regarding compliance,” the Court ordered. The Court, before concluding, underscored that this effort was not merely a question of planting a tree, but of the germination of an idea..Advocate Prem Singh Bhadoriya appeared for the applicant while the State was represented by Panel Lawyer Rohit Shrivastava. Advocate Ayusi Vyas appeared for the complainant..[Read Order]