Mumbai, May 11 — The Bombay High Court has reiterated that bail should be treated as a rule and its denial as an exception, stating that holding an accused in custody for a long time without trial is akin to imposing punishment before conviction.
Justice Milind Jadhav made these observations while granting bail to Vikas Patil, who was arrested in 2018 for allegedly murdering his brother. The court noted the severe overcrowding in Maharashtra’s prisons and emphasized the need for courts to strike a balance in such situations.
Justice Jadhav highlighted that trials are significantly delayed, and many undertrial prisoners remain in custody for years. He cited a December 2024 report from the superintendent of Arthur Road Jail, revealing that the prison holds six times more inmates than its sanctioned capacity.
“The legal limit for each barrack is 50 prisoners, yet there are currently 220–250 inmates per barrack,” the judge noted. He questioned how courts can maintain a fair balance between public interest and personal liberty in such circumstances.
The court stated that prolonged incarceration of undertrial prisoners directly affects their fundamental rights to a fair trial and personal freedom. Justice Jadhav stressed that although long incarceration alone isn't an automatic ground for bail, it is a serious factor that must be considered in light of the right to a speedy trial.
Referring to the essay "Proof of Guilt" written by two undertrial inmates, the court acknowledged the urgent need to address delays in justice delivery and ensure that the constitutional rights of accused individuals are not violated through indefinite detention.
Justice Jadhav concluded, “Bail is the norm. Denial must remain the exception.”
