Madhya Pradesh High Court Imposes Installation of Water Harvesting System as a Bail Condition

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The court noted the depleting water resources at the bail applicant’s residential area. Hence, it ordered the installation and maintenance of the water harvesting system as a prerequisite for bail. This shall spread awareness regarding water conservation among the public.

Brief Facts of the Case 

The applicant was charged under Sections 27, 29, 50, 51 and 52 of the Wildlife Protection Act and Section 41 and 52 of the Indian Forest Act. The Sections pertaining to the destruction of wildlife sanctuary and seizure of concerned inventories. The Act imposes imprisonment up to five years in addition to monetary penalties payable as fine. The applicant filed for bail under Section 439 of the Code of Criminal Procedure.   

Court’s Observations

The applicant was of eighteen years of age, who drove on the restricted land of the Forest Department. The court noted that confinement should amount to pre-trial detention. Moreover, the applicant had expressed his desire and intent for community service. Further, the court acknowledged the need to conserve the environment and its resources. Hence, the applicant had to perform community service by planting saplings and contributing to the Army Central Welfare Fund. 

In Tilakraj Rajoriya Vs. State of Madhya Pradesh, passed by the present bench, the court remarked the direction as a test case to address the anatomy of violence by process of creation and alignment with nature. It asserted- “The natural instinct of compassion, service. love and mercy need to be rekindled for human existence as they are innately ingrained attributes of human existence.”

Court’s Orders

The single-judge bench consisting of Justice Anand Pathak passed the order. The court accepted the bail application under Section 439 of the Code of Criminal Procedure. However, the court asked the applicant to install a water harvesting system and download Arogya Setu App along with deposition of the bail amount. The rationale behind such a condition was to promote water conservation and ensure community welfare. 

Relevance

Since the past couple of months, the Madhya Pradesh High Court has imposed several bail conditions in the betterment of environment and community. It included registering as COVID warrior, planting saplings and rendering voluntary services, donating sanitizers and masks and assisting government primary schools with financial assistance. The activities have aided the rehabilitation of criminals back into society.


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