Supreme Court sets aside MP High Court order stipulating 'tree planting' as condition to grant bail to murder convicts

The Supreme Court on Monday set aside a Madhya Pradesh High Court order that had suspended the life sentence of two men convicted of murder on the condition that they plant trees and serve a social cause.

A Bench of Justices Aravind Kumar and NV Anjaria said the High Court’s reasoning in granting suspension of sentence was unsustainable in law.

“The High Court has got swayed while imposing bail conditions and directing the accused convicted for murder to carry out plantation of saplings on the premise that it is for social cause. Bail was granted without merits. This cannot stand the test of law,” Justice Kumar said while pronouncing the order.

However, the Court directed that the convicts not be taken into custody until two interlocutory applications pending before the Supreme Court are decided.

When counsel for the petitioner remarked that the direction would serve little purpose if the accused continued to remain out of custody, Justice Kumar observed:

“This is operation successful, patient dead. But imagine...they are out since six months. Let the pleas be decided first.”

On August 28, the Supreme Court had expressed strong displeasure at the Madhya Pradesh High Court’s decision to suspend the life sentence of two persons convicted under Section 302 of the Indian Penal Code.

The High Court had granted bail after recording that the convicts had undertaken to “purge their misdeeds” by performing community service and planting saplings to serve a national or environmental cause.

As part of the conditions, the High Court had directed that each accused plant 6–8 feet tall saplings, dig 3–4 feet deep pits, and submit photographs of the plantation within 30 days of release.

They were also required to file progress reports every three months before the trial court until the conclusion of the trial, with a warning that failure to maintain the saplings could result in cancellation of bail.

Finding this approach “appalling,” the Supreme Court had observed in its August order that suspension of sentence could not be granted on such considerations disconnected from the evaluation of evidence.

The Court had then issued notice to the State and the respondents.

The Court today set aside the High Court order.