Water Harvesting as a Precondition to Bail
- The MP High Court has issued a new precondition to get bail i.e. installing a water harvesting or water recharge system.
- Justice Anand Pathak while observing the fact that water is depleting day by day and the area is anticipated to become a Zero Day zone, ordered the defendant in Jitendra Paribhar v.s State of Madhya Pradesh, to install Water Harvesting or Water Recharge System within two months of the order.
- The Court also said that "Applicant shall have to maintain the said system in future on a regular basis. After installation of the 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…”
- In 32 bail orders passed this year from July 9 to August 9, the Court has directed the accused to install the water harvesting system.
Unique preconditions for Bail
- Apart from the general conditions, Justice Anand Pathak has added an element of community service as a condition precedent in each case.
- The activities include planting saplings and trees along with a guard, rendering voluntary services, donating sanitizers and masks, installing water harvesting system, volunteering at Primary Health Centre to help the COVID warriors, etc.
- "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 steps towards Alignment with Nature."
- The cases in which bail has been granted involve gangrape of a minor, attempt to murder, abetment of suicide, outraging the modesty of a woman, house trespass and offences under the POCSO.
- These unique preconditions for bail are set to reform the accused and bring him/her closer to society.
What are your views on these unusual preconditions?
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