Friday, 10 July 2020

Whether Court can direct convict to perform community service, meditative drill while releasing him on bail during pendency of appeal?

We may gainfully refer to paragraph 19 of the decision of this
Court in Babu Singh and others vs. State of U.P . (1978) 1 SCC 579
“19. A few other weighty factors deserve reference.
All deprivation of liberty is validated by
social defense and individual correction along an
anti-criminal direction. Public justice is central
to the whole scheme of bail law. Fleeing justice
must be forbidden but punitive harshness should be
minimised. Restorative devices to redeem the man,
even through community service, meditative drill,
study classes or other resources should be innovated,
and playing foul with public peace by tampering
with evidence, intimidating witnesses or
committing offences while on judicially sanctioned
“free enterprise”, should be provided against. No
seeker of justice shall play confidence tricks on
the Court or community. Thus, conditions may be
hung around bail orders, not to cripple but to
protect. Such is the holistic jurisdiction and humanistic
orientation invoked by the judicial discretion
correlated to the values of our Constitution.”
It could, thus, be seen that this Court has held that punitive
harshness should be minimized and restorative devises to redeem the man, even through community service, meditative drill, etc. should be innovated. We, therefore, find that it will be appropriate in the circumstances to direct the release of the appellants on bail. While doing so, we also find appropriate that the appellants be directed to engage in any spiritual programme or to do some social/community services.

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s).196/2018

PRAHLADBHAI JAGABHAI PATEL Vs  THE STATE OF GUJARAT 
Date : 28-01-2020 These matters were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE B.R. GAVAI
HON'BLE MR. JUSTICE SURYA KANT

Citation: (2020) 3 SCC 341

UPON hearing the counsel the Court made the following
O R D E R
I.A. No.29794/2019 - (GRANT OF BAIL ) IN Crl.A. No.1286/2018
We have heard Mr. P.S. Patwalia, learned Senior Counsel for
the appellants and Mr. Tushar Mehta, learned Solicitor General
appearing for the respondent – State and perused the record.
It is stated that the appellants have been released on
temporary bail, furlough and parole on several occasions. The
period for which they have been out of custody under the said
arrangements ranged from 190 to 520 days. There is no report of
their having misconducted themselves or indulged in any criminal
activities.
It is not disputed that none of the appellants have criminal
antecedents. Further, we find that these appellants have been found
guilty by the appellate court on the deposition of one witness.
We may gainfully refer to paragraph 19 of the decision of this
Court in Babu Singh and others vs. State of U.P . (1978) 1 SCC 579
“19. A few other weighty factors deserve reference.
All deprivation of liberty is validated by
social defense and individual correction along an
anti-criminal direction. Public justice is central
to the whole scheme of bail law. Fleeing justice
must be forbidden but punitive harshness should be
minimised. Restorative devices to redeem the man,
even through community service, meditative drill,
study classes or other resources should be innovated,
and playing foul with public peace by tampering
with evidence, intimidating witnesses or
committing offences while on judicially sanctioned
“free enterprise”, should be provided against. No
seeker of justice shall play confidence tricks on
the Court or community. Thus, conditions may be
hung around bail orders, not to cripple but to
protect. Such is the holistic jurisdiction and humanistic
orientation invoked by the judicial discretion
correlated to the values of our Constitution.”
It could, thus, be seen that this Court has held that punitive
harshness should be minimized and restorative devises to redeem the man, even through community service, meditative drill, etc. should be innovated. We, therefore, find that it will be appropriate in the circumstances to direct the release of the appellants on bail.
While doing so, we also find appropriate that the appellants be
directed to engage in any spiritual programme or to do some
social/community services.
Accordingly, during the pendency of this appeal, the
appellants are directed to be released on bail on furnishing bail
bonds in the sum of Rs.25,000/-(Rupees twenty five thousand only)
each with two sureties of the like amount to the satisfaction of
the trial court and subject to the following conditions :
(1) That the appellants shall not enter the State of
Gujarat until the final decision of their pending
appeal(s) before this Court.
(2) That they shall reside in the District of
Indore, Madhya Pradesh, and report to the Police
Station at Palasia, Indore, on the first day of each
calendar month.
(3) That they shall not leave the District of Indore
without obtaining permission from the learned District
& Sessions Judge, Indore.

(4) That the appellants shall engage themselves in
any spiritual programme or do some social/community
services for a minimum period of six hours in a week
during the period of bail in view of the judgment and
order passed by the this Court in the case of Babu
Singh & Ors. vs. The State of Uttar Pradesh (supra).
It is further directed that Member Secretary of the Madhya
Pradesh State Legal Services Authority shall produce a certificate
before this Court stating therein that the appellants are regularly
engaged in any of the aforesaid programme/services. The Madhya
Pradesh State Legal Services Authority shall also assist the
appellants for obtaining employment in the district of Indore.
The Madhya Pradesh State Legal Services Authority shall submit
a report of the compliance of the above conditions and regarding
general conduct of the appellants once in every three months
initially.
In view of the above, the interlocutory application for bail
stands allowed.
CRIMINAL APPEAL NO.692/2019 - ONLY PRAYER FOR INTERIM RELIEF
We have heard Mr. P.S. Patwalia, learned Senior Counsel for
the appellants and Mr. Tushar Mehta, learned Solicitor General
appearing for the respondent – State and perused the record.
The facts in the present case are almost identical with the
facts in I.A. No. 29794/2019. The appellants have been released on

temporary bail, furlough and parole on several occasions. The
period for which they have been out of custody under the said
arrangements ranged from 244 to 660 days. There is no report of
their having misconducted themselves or indulged in any criminal
activities. It is not disputed that none of the appellants have
criminal antecedents.
In these circumstances, we consider it appropriate in the
interests of justice to direct the release of the appellants on
bail.
Accordingly, during the pendency of this appeal, the
appellants are directed to be released on bail on furnishing bail
bonds in the sum of Rs.25,000/-(Rupees twenty five thousand only)
each with two sureties of the like amount to the satisfaction of
the trial court and subject to the following conditions :
(1) That the appellants shall not enter the State of
Gujarat until the final decision of their pending
appeal(s) before this Court.
(2) That they shall reside in the District of
Jabalpur, Madhya Pradesh, and report to the Police
Station at Civil Lines, Jabalpur, on the first day of
each calendar month.
(3) That they shall not leave the District of Jabalpur
without obtaining permission from the learned District
& Sessions Judge, Jabalpur.
(4) That the appellants shall engage themselves in
any spiritual programme or do some social/community

services for a minimum period of six hours in a week
during the period of bail in view of the judgment and
order passed by this Court in the case of Babu Singh &
Ors. vs. The State of Uttar Pradesh (supra).
It is further directed that Member Secretary of the Madhya
Pradesh State Legal Services Authority shall produce a certificate
before this Court stating therein that the appellants are regularly
engaged in any of the aforesaid programme/services. The Madhya
Pradesh State Legal Services Authority shall also assist the
appellants for obtaining employment in the district of Jabalpur.
The Madhya Pradesh State Legal Services Authority shall submit
a report of the compliance of the above conditions and regarding
general conduct of the appellants once in every three months
initially.
Order accordingly.
CRIMINAL APPEAL NO.140/2020 – ONLY PRAYER FOR INTERIM RELIEF
We have heard Mr. Nikhil Goel, learned counsel for the
appellant and Mr. Tushar Mehta, learned Solicitor General appearing
for the respondent – State and perused the record.
The facts in the present case are also identical with the
facts in the earlier two cases. The appellant is aged about 65
years and has been in jail for about 7 years. Further, we find that
the appellant has been found guilty by the appellate court on the
depositions of two witnesses.

In these circumstances, we consider it appropriate in the
interests of justice to direct the release of the appellant on
bail.
Accordingly, during the pendency of this appeal, the appellant
is directed to be released on bail on furnishing bail bonds in the
sum of Rs.25,000/-(Rupees twenty five thousand only) with two
sureties of the like amount to the satisfaction of the trial court
and subject to the following conditions :
(1) That the appellant shall not enter the State of
Gujarat until the final decision of their pending
appeal(s) before this Court.
(2) That he shall reside in the District of
Jabalpur, Madhya Pradesh, and report to the Police
Station at Civil Lines, Jabalpur, on the first day of
each calendar month.
(3) That he shall not leave the District of Jabalpur
without obtaining permission from the learned District
& Sessions Judge, Jabalpur.
(4) That he shall engage himself in any spiritual
programme or do some social/community services for a
minimum period of six hours in a week during the
period of bail in view of the judgment and order
passed by the this Court in the case of Babu Singh &
Ors. vs. The State of Uttar Pradesh (supra).

It is further directed that Member Secretary of the Madhya
Pradesh State Legal Services Authority shall produce a certificate
before this Court stating therein that the appellant is regularly
engaged in any of the aforesaid programme/services. The Madhya
Pradesh State Legal Services Authority shall also assist the
appellant for obtaining employment in the district of Jabalpur.
The Madhya Pradesh State Legal Services Authority shall submit
a report of the compliance of the above conditions and regarding
general conduct of the appellant once in every three months
initially.
Order accordingly.

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