In a reform-focused order, the Rajasthan High Court granted bail to two ATM theft accused on the condition that they plant 5 trees daily for 30 days. The court stressed that reform and rehabilitation are more effective than prolonged imprisonment.
In a significant move towards a reformative criminal justice system, the Rajasthan High Court recently granted bail to two men accused in an ATM theft case, but with a special condition. The court ordered the accused to plant five trees every day for one month as a form of community service. This order highlights the changing approach of courts from punishment-based justice to reform and rehabilitation under the newly implemented criminal laws.
The order was passed by Justice Chandra Prakash Shrimali while hearing two connected bail applications filed by Waris (also known as Lahaki) and Usman (also known as Andha). Both accused had been in custody in Didwana-Kuchaman district jail since January 9, 2026. According to the prosecution, the accused were arrested after an FIR was registered at Khunkhuna police station.
The police alleged that the accused used a gas cutter to break open a State Bank of India (SBI) ATM and carried out the theft using a stolen vehicle with a tampered number plate. They were charged under relevant theft provisions of the Bharatiya Nyaya Sanhita (BNS).
While granting bail, the High Court noted that the investigation in the case had already been completed and the charge sheet had been filed. The court also observed that no further recovery was pending from the accused and that the offences were triable by a magistrate.
The court made an important observation that “prolonged imprisonment of such accused could be counterproductive,” showing that keeping the accused in jail for a long time may not help in reforming them and may instead have a negative impact.
The High Court strongly emphasized the importance of rehabilitation and reform in the criminal justice system. The court stated that community service can play a major role in helping offenders return to society as responsible individuals.
The court also called for a proper system to monitor such community service orders and suggested that a Standard Operating Procedure (SOP) should be developed across the state to ensure proper implementation and monitoring.
The court further directed the Chief Secretary of Rajasthan to prepare an action plan to identify the root causes of criminal behaviour and to create proper rehabilitation programs so that offenders can be reformed and reintegrated into society in a meaningful way.
Allowing the bail applications, the High Court imposed a mandatory community service condition. The accused, Waris and Usman, have been directed to plant at least five trees daily for a period of 30 days and also ensure that the plants are taken care of and maintained properly.
The plantation work must start within one week from the date of the order. The Forest Department has been directed to provide saplings free of cost to the accused for this purpose. To ensure compliance, the accused must submit reports, photographs, and videos as proof that the plantation work is being carried out properly.
Apart from the community service condition, the court also directed that each accused must furnish a personal bond of ₹1 lakh and two sureties of ₹50,000 each. The matter will be listed again after three months so that the court can monitor the progress of the tree plantation and ensure that the directions are being followed properly.
In an important administrative direction, the High Court also requested the Acting Chief Justice to circulate this order among all District Judges and Chairpersons of District Legal Services Authorities (DLSAs) so that similar reformative steps can be considered in appropriate cases across the state.
The order reflects a progressive approach where the focus is not only on punishment but also on reform, rehabilitation, and social responsibility, marking a shift towards a more balanced and reform-oriented criminal justice system.
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