Madhya Pradesh High Court Directs Accused In Cheating Case To Plant, Nurture Ten Saplings As Condition For Grant Of Anticipatory Bail

In a case where the Branch Managers (Sales) of Bajaj Appliances Private Limited had been implicated as accused, the Madhya Pradesh High Court has listed planting the saplings of ten 'fruit-bearing trees' or 'neem/pipal trees' as one of the conditions for grant of anticipatory bail. 

The single-judge bench of Justice Anand Pathak also asked the applicants to furnish a personal bond to the tune of Rs 50,000/- with two sureties for the grant of bail.

“Considering the arguments advanced by learned counsel for the rival parties and the fact the applicant is agent only and Company has tried to cheat the complainant, but without expressing any opinion on the merits of the case, this Court intends to allow this application under Section 438 of Cr.P.C…”, the bench sitting at Gwalior said in the order.

Justice Pathak also directed the accused to take good care of the trees they would be planting in Sirol Hills. He said:

Firstly, the accused should adequately protect the saplings from nearby flora through measures such as fencing. To ensure the same, the court has also demanded photographs of the growing saplings from the accused in due course of time, i.e., within 30 days. These accused will also be required to submit status reports pertaining to the planted saplings every three months until the completion of the trial.

It is also stated that the applicant will submit photographs by downloading the mobile application (NISARG App) prepared at the instance of the High Court for monitoring the plants through satellite/geo-tagging/geo-fencing.

Before allowing the bail application, the single judge bench clarified that the aforementioned bail condition was put forth as an experiment to 'tackle the thoughts of violence and evil with the use of nature', i.e., to stabilise society. The Court opined that in the present times, it is pertinent that humans rejuvenate the ideas of mercy, service, love and compassion in their lives, as they are fundamental to the existence of humanity.

Earlier, the applicants had expressed their intent to perform community service voluntarily by serving the environment and social causes if granted bail, which the court duly acknowledged in the bail order.

The petitioners/applicants were apprehending arrest due to a case registered at Bahodapur Police Station, Gwalior for offences under Sections 420, 409 and 34 of IPC.

According to the applicants, a false version of the matter has been concocted by the complainant and the police since the accused have no direct role in the commission of the offences. According to them, the mastermind behind swindling the money was Naveen Bajaj. They also submitted that the main accused has already reached a settlement in the matter with the complainant-businessman, and the case itself would be wound up soon in all probability.

Counsels appearing for the applicants including Advocates Gaurav Mishra and Deshraj Bhargava submitted that the accused were merely doing their job to promote the business of the company responsibly.

DAG Ravindra Singh Kushwah appeared for the respondent along with Advocate D.S. Kushwah.

Case Title: Gajendra Sharma v. State Of Madhya Pradesh & Arun Kumar Soni v. State of Madhya Pradesh

Case No: Misc. Criminal Case No. 10904 of 2024 & Misc. Criminal Case No. 10964 of 2024

Citation: 2024 LiveLaw (MP) 59

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