The Mumbai High Court emphasized that the bail principle is the rule. File | Image source: Hindu
The Mumbai High Court emphasized that the bail principle is the rule, and rejection is an exception, saying that long-term detention of prisoners without trial is equivalent to “pre-trial punishment”.
On May 9, judge Milind Jadhav also noticed the state’s overcrowded prisons and said the court needed to strike a balance.
Editorial | Protecting Prisoners: In a Crowded Prison
The bench was observed while bailing one of Vikas Patil, allegedly arrested for allegedly killing his brother in 2018.
Justice Jadav pointed out that the trial today is a permanent conclusion, and the prison is crowded in certain parts at the same time.
The bench said it often handles cases of long-term detention of prisoners, and is also aware of the situation in the prison.
Justice Jadav mentioned the December 2024 report by the dean of Arthur Road Prison, which stated that the facility’s overcrowded capacity exceeded more than six times.
It noted that every barracks approved to accommodate only 50 prisoners had 220 to 250 prisoners.
“This inconsistency leads us to answer the claim: How can the court find a balance between two polarities?” Judge Jadav said.
The court said the cases were about the freedom of long-term imprisoned unjustified prisoners, affecting their constitutional rights to swift judicial and personal freedom.
It says that the rule of principle is bail is the rule, and rejection is the exception.
Justice Jadav mentioned the article “proof of guilt” of two criminal prisoners, which raised the issue of long-term imprisonment for those awaiting trial.
He said that while long-term imprisonment alone is not an absolute claim to bail, it is an important issue and the right to a quick trial needs to be considered.
The court noted that the paradox raised in the question raised in the article is about how long the imprisonment period is until the right to a quick trial is defeated, which is relevant and cannot have a clear answer.
The court said that long-term detention of illegal prisoners only legalizes the ruling of “alternative punishment” without trial, which constitutes pre-trial punishment.
The judge also called for a change in the mindset and approach to prosecution and mentioned how prosecutors strongly opposed bail requests, even if trials were held in a long-term imprisonment where the crime was a serious crime, and therefore, bail should not be approved.
Judge Jadav said: “The overall assumption of criminal jurisprudence is that the defendant is considered innocent until proven guilty and abandoned, but the law may be strict.”
The court noted that in the current case, the defendant has been in jail for more than six years and that there is no obvious trial begins or ends in the near foreseeable future.
publishing – May 11, 2025 at 11:55 am
