Bike theft accused granted bail after he plants two saplings

The orders granting “conditional bail” were passed on July 10 and Kulwinder Singh (23) of village Dagru of Moga was released from police custody. On Wednesday, he submitted his photograph while planting two saplings at a government school in his village. He also submitted a bill from the nursery from where he purchased plants as ordered by the court.

The court’s order to the accused had said, “Plant two saplings at any public place without any right over grown up tree in future, produce bill of the purchase of sapling and photograph of plantation.”

The order (copy with The Indian Express) also says, “It provides for fundamental duties of every citizen to protect and improve the natural environment including forests, rivers, lakes and wildlife and to have compassion for living creatures… Interest of justice in my view includes the interest of ecology and economic interest of the country…”

Further flagging the concern for global warming, the order says, “If a person is produced before the court for commission of a cognizable and non-bailable offence, it will be in interest of justice being granted concession bail to plant certain number of saplings for the benefit of humanity and the successive generation and to reduce the ill-effects of global warming as condition of bail.”

“… The court should balance the right of accused with the right of victim and right of the state and fundamental duties enshrined under the Constitution. For that purpose, it is a reasonable condition of bail that the accused shall plant at least two saplings at any public hospital, public school, public park or other public land so that he is made a good citizen pending trial and his mind can be diverted to a more beneficial act, from the point of view of the society…” the order says.

The order further says, “When we talk about criminal justice system, we do not give due importance to the collective consciousness of the society, the rights of general public to live in a safe environment and interest of the state. When we start giving importance to these factors such conditions become reasonable. In view of the above discussion, accused is being released on bail subject to the condition that he shall plant two saplings of his choice at a vacant public land and shall produce the photograph of the plantation and bill of saplings.”

Kulwinder Singh was booked and arrested in a motorbike theft case on March 24 at South City Moga police station. After getting a photograph of him doing plantation and bail bond of Rs 50,000, the court Wednesday confirmed his bail.

Gurmeet Singh, his uncle, said Kulwinder purchased two saplings for Rs 200 from a nursery and planted them at government high school in their village Dagru of Moga as per orders.

Naib court Prabhjot Singh confirmed that photograph and bill copy were received and had been put in the case file as judicial record.