Cuttack: In a rare order, the Orissa High Court has granted interim bail to the accused in three different cases on the condition that they would plant tree saplings in their villages.
In one case, the petitioner, Pintu Mahalik, and three others had allegedly raped a minor girl while she was returning from watching a ‘Jatra’ (open theatre) show at Kali Padia under Chandbali police station in Bhadrak district on the night of November 3, 2019.
The police had arrested Pintu and produced him before the court. The court had forwarded him to judicial custody.
Pintu’s advocate AR Panda had filed a petition in the High Court stating that the accused was in custody since November 7, 2019. “Out of 54 witnesses in the case, only five have been examined and the trial is not likely to be completed in near future. The Supreme Court has held that right to have speedy trial is a fundamental right of a citizen. Hence, keeping a person in custody for such a long time without any trial is not justified and violative of his fundamental right,” he said. He further submitted that the conduct of the petitioner inside the custody has been satisfactory.
After hearing the petitioner, Justice SK Panigrahi granted interim bail for three months to the accused on terms and conditions. ” Without going into the merit of the case, considering the submissions made, facts and circumstances of the case and the period of detention of the petitioner, it is directed that the petitioner be released on interim bail for a period of three months reckoning from the date of his actual release on interim bail by the court in seisin over the matter in the aforesaid case on such terms and conditions as deemed just and proper by the
court,” Justice Panigrahi said.
The judge set the conditions that the petitioner will plant 125 plant sapling like mango, tamarind etc in his village Barheinpur under Chandbali police station. He will start planting trees as soon as the rainy season approaches and maintain those trees.
He will appear before the local police station once in a week and not indulge in any criminal offence while on interim bail.
Justice Panigrahi granted bail to another accused in a murder case on the condition of planting 200 saplings. The judge also set similar condition for the accused in abetting suicide of a minor girl in the third case.
