Justice Anand Pathak of the Gwalior Bench of the Madhya Pradesh High Court has set a new trend of directing the Bail applicants to install Water Harvesting System or Water Recharge System in his/her lodge/house in which he/she is residing.

In as many as 32 bail orders passed between July 9 and August 6, the single–Judge directed the accused persons to “install Water Harvesting System or Water Recharge System in his/her lodge/house in which he/she is residing, within one/two/three month from the date of the order, if he/she has not installed the system already.

These orders also highlight that “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. Apart from this, the applicants have to maintain the said system in future on a regular basis as well.

In this regard and for the purpose of installing the system, the applicants have been directed by the court to seek necessary permission required, if any, from the concerned departments including Municipal Council of concerned District and in turn, the authorities will have to facilitate and cooperate in this regard for installation of water recharge/harvesting system

In all its orders, the court is also making it clear that after the installation of system, the 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 under the caption “Direction”.

Further, the orders state

The direction (to install water recharge/harvesting system) 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.” (emphasis supplied)

Also, in some of the bail orders, the applicants are also being directed to deposit a sum of money (decided by the court) in the ‘Army Central Welfare Fund’ within a period of one/two month from the date of the applicant’s release.

Planting of saplings as a bail condition

Additionally, in some of these bail orders, a direction to plant saplings along with tree guard also finds a place. It may be noted that as reported by us earlier , the Madhya Pradesh High Court has been directing the accused persons to plant saplings along with tree guard, as one of the conditions for bail.

The orders state,

This direction (to plant saplings along with tree guard) 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

Further, these orders note,

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 blindfold over any casualness shown by the appellant regarding compliance. Therefore, the trial Court is directed to submit a report regarding progress of the trees and the compliance made by the appellant 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 shall disentitle the appellant from the benefit of bail.”

Other interesting Bail Conditions

This is not the first time that the Madhya Pradesh High Court has evolved a peculiar bail condition during the pandemic situation.

MP HC Asks Person Accused Of Outraging Modesty Of Neighbour To Request Her To Tie The Rakhi With A Promise To Protect Her, as Bail Condition

The Madhya Pradesh High Court (Indore Bench) on Thursday (30th July) released a person, apprehended for outraging the modesty of a woman, on bail provided that he visits the house of the complainant and requests her to tie the Rakhi band to him “with the promise to protect her to the best of his ability for all times to come.”

Stop Using Social Media

The Madhya Pradesh High Court, while granting bail to a ‘student’ accused, directed him to perform digital detoxification of himself by not using Whatsapp, Facebook or other Social Media for two months.

Register as COVID Warrior

As reported earlier, the High Court has been directing few accused to register themselves as “COVID-19 Warriors” and work in the “COVID-19 Disaster Management”, as per directions of the concerned District Magistrate, as a pre-condition for bail.

Human resource in the shape of young-aged Appellants could be utilized for the betterment of the society and to ward off the crises,” Justice Sheel Nagu had remarked while imposing this bail condition in one of the cases.

Render Voluntary Service

Similarly, Justice Prakash Shrivastava of the MP High Court had directed a grocery shop-owner, apprehended for lockdown violation, to render “voluntary services” for a week, as a precondition for bail.

Notably, the Patna High Court in the month of March while granting bail to a man accused in a murder case, had directed him to render service as a volunteer for a period of three months from the date of his release in the process of combating the pandemic of Covid-19 of Corona Virus.

In the first week of June, 2020 (1-4 June 2020), a similar bail condition was imposed by the Patna High Court in more than 20 bail application matters.

Installation Of ‘Non-Chinese’ LED TV At A Local District Hospital

In the month of June, the Madhya Pradesh High Court had directed two accused to install coloured LED TV at a local District Hospital, manufactured anywhere but in China, as a pre-condition for bail.

The petitioner along with petitioner in McrC No.11789/20 undertake to purchase and install a black coloured LED T.V. at Renbasera, District Hospital Morar worth at least Rs.25,000/- manufactured in India or abroad except China.

Donate Sanitizer and Masks

Again, the Madhya Pradesh HC (in the month of June) directed two accused to donate 5-5 litres of alcoholic based sanitizer and 200-200 good quality masks to the District Hospital, Dhar for the use of Para-medical staff, as a pre-condition for bail.

Render Physical And Financial Assistance As ‘Shiksha Swayamsewak’

The Madhya Pradesh High Court (Gwalior Bench) on Thursday (02 July) had passed more than 15 Bail orders directing several accused persons to render physical and financial assistance to Govt. Primary School which is situated nearest to their respective residences.

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