Bhopal (Madhya Pradesh): Madhya Pradesh High Court came up with an unconventional way of ‘countering the idea of violence’ in a murder convict’s mind when he asked for his life sentence to be suspended.
The court agreed to release the appellant on a bail, but with a caveat - that he must plant 10 Neem, Peepal saplings and care for them, in order to instill human values in the individual.
The verdict was made considering that “The appellant has already suffered around 10 years and 8 months of incarceration as pre and post trial detention.”
The case involves Mahesh Sharma, who was sentenced to life imprisonment by a trial court in 2021. The High Court said he could be granted bail if he furnished a bond of ₹50k, provided two sureties of the same amount and appeared before the court registrar whenever required. His jail sentence would remain suspended until the appeal is decided, subject to payment of the fine.
A Division Bench of Justice Anand Pathak and Justice Pushpendra Yadav said the directions are a part of a pilot initiative so the “Idea of violence and evil may be countered by creation and harmony with nature’.
'It's about sowing the seed of an idea'
"At present, there is a need to cultivate the qualities of compassion, service, love, and kindness as essential elements of human existence, for these are fundamental human instincts and must be revived to preserve life. This effort is not merely about planting a tree, but about sowing the seed of an idea," the added.
The court further stated, "It is made clear that this bail by way of suspension of sentence is granted once the case is made out for bail and thereafter, direction for plantation of saplings is given and it is not the case where a person intends to serve social cause, can be given bail without considering the merits."
Trial court to monitor trees’ growth
The order requires the convict to plant 10 fruit-bearing, Neem or Peepal saplings, take care of them and submit photographs within 30 days of his release. The trial court has been directed to monitor the growth of the trees, stressing that environmental protection is crucial for human survival.
"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 overlook any negligence by the applicant," the court asserted.
