Justice Milind Jadhav observed that a barrack at Arthur Road Jail designed to accommodate 50 prisoners was housing between 220 and 250 inmates. Taking note of the excessive prison population and the prolonged delay in the commencement of trial proceedings, the court held that continued detention required careful consideration.
The accused was granted conditional bail against a personal bond of Rs 25,000.
Justice Jadhav noted that charges had not yet been framed in the case and that the prosecution still had to examine 61 witnesses. The accused had remained in custody for approximately four years and 10 months, while six other accused in the same case had already been granted bail.
Under these circumstances, the judge observed that keeping the accused in prison indefinitely would violate the rights guaranteed under Article 21 of the Constitution.
Referring to various Supreme Court judgments, Justice Jadhav reiterated the established principle of bail jurisprudence that bail is the rule and jail is the exception. He observed that prolonged detention before conviction creates a punitive effect on an accused who has not yet been found guilty.
The court emphasised that the right to a speedy trial is an integral part of the right to personal liberty under Article 21 of the Constitution. It also stated that the seriousness of an offence must be considered alongside the likelihood of an accused participating in the trial, influencing witnesses or tampering with evidence when deciding whether bail should be granted.
Taking these considerations into account, the High Court granted relief to the accused, directing him to cooperate with the trial proceedings and refrain from influencing witnesses.
The court further observed that keeping undertrial prisoners in custody for extended periods affects their fundamental rights to personal liberty and speedy justice. Since the trial was unlikely to commence or conclude in the near future, the court found grounds to grant bail.
The ruling brings renewed attention to the combined challenges of prison overcrowding and delays in criminal trials, particularly when undertrial prisoners remain incarcerated for years without charges being framed or proceedings reaching a conclusion.
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