In a significant push toward a reformative criminal justice system, the Rajasthan High Court has granted bail to two men accused in an ATM theft case, conditioning their release on a unique form of community service: planting five trees every day for a month.
The order, passed by Justice Chandra Prakash Shrimali, emphasizes the transition from a purely punitive approach to a reformative model under the newly implemented criminal laws. The court underscored that community service is a vital tool for the rehabilitation and reintegration of offenders into society.
The court was hearing two connected bail applications filed by Waris (alias Lahaki) and Usman (alias Andha). The duo had been in custody in Didwana-Kuchaman district jail since January 9, 2026.
According to the prosecution, the accused were arrested following an FIR registered at the Khunkhuna police station. They were alleged to have used a gas cutter to break open a State Bank of India (SBI) ATM. The police further claimed the accused utilized a stolen vehicle with a tampered number plate to execute the theft. They were charged under the relevant theft provisions of the Bharatiya Nyaya Sanhita (BNS).
Justice Shrimali noted that the investigation into the matter had been completed and the charge sheet had already been filed. The court observed that no further recovery was pending from the accused and that the offences were triable by a magistrate.
Significantly, the High Court remarked that “prolonged imprisonment of such accused could be counterproductive,” favoring a shift toward rehabilitation. Highlighting the importance of structured reform, the court called for a Standard Operating Procedure (SOP) to monitor community service orders across the state.
The court further directed the Chief Secretary of Rajasthan to develop an action plan to identify the underlying causes of criminal behavior and facilitate the rehabilitation of offenders.
Allowing the bail applications, the court imposed a mandatory community service requirement. Waris and Usman must plant at least five trees daily for a period of 30 days and ensure their continued upkeep.
The key directives regarding the bail include:
- Plantation: To commence within one week of the order.
- Support: The Forest Department is directed to provide saplings free of cost.
- Monitoring: Compliance must be documented through reports, photographs, and videos submitted to the authorities.
- Bond: Each accused must furnish a personal bond of ₹1 lakh and two sureties of ₹50,000 each.
- Follow-up: The matter is scheduled to be listed again in three months to monitor the progress of the tree plantation and upkeep.
The High Court has requested the Acting Chief Justice to circulate the order among all District Judges and Chairpersons of District Legal Services Authorities (DLSAs) to ensure proper supervision of community services awarded to offenders.
