Justice Milind Jadhav Highlights Need for Balance Between Justice and Liberty
Mumbai, May 11 – In a significant observation, the Bombay High Court has underscored that granting bail should be the rule and refusal an exception, stressing that prolonged imprisonment of undertrial prisoners amounts to “pre-trial punishment”.The observation came from Justice Milind Jadhav while granting bail to Vikas Patil, who was arrested in 2018 for allegedly killing his brother. The court noted that Patil had been incarcerated for over six years with no sign of his trial commencing soon.
Overcrowding in Jails Raises Alarming Concerns
Referring to a December 2024 report from the superintendent of Arthur Road Jail, Justice Jadhav highlighted a shocking state of overcrowding. Barracks designed for 50 inmates were housing between 220 to 250 prisoners, exceeding capacity by over six times."This incongruity leads us to answer the proposition: How can courts find a balance between the two polarities?" the judge remarked, urging a reassessment of bail practices in the face of such conditions.
Right to Speedy Trial and Liberty of Undertrials
Justice Jadhav noted that trials today are taking an inordinately long time to conclude. “The liberty of undertrial prisoners who have been incarcerated for long periods is a serious issue, directly impacting their constitutional right to speedy justice and personal liberty,” the bench stated.Citing the principle that "bail is the rule and refusal is the exception", the judge drew attention to the broader implications of denying bail, particularly in cases where the legal process is unduly delayed.
Need for a Mindset Shift in Prosecution
In his remarks, Justice Jadhav criticised the habitual resistance of prosecutors to bail pleas, stating that they often oppose bail under the mistaken belief that the gravity of the offence justifies indefinite detention. “The overarching postulate of criminal jurisprudence that an accused is presumed to be innocent until proven guilty cannot be brushed aside lightly, however stringent the law may be,” he observed.‘Proof of Guilt’ and the Question of Time
The court also referenced an article titled Proof of Guilt, authored by two undertrial prisoners, which explores the question: how long is too long before the right to a speedy trial is violated? While Justice Jadhav clarified that long incarceration alone may not be enough to grant bail, he emphasised the importance of considering it alongside the right to a timely trial.The bench concluded that detaining an undertrial for extended periods only legitimises a “surrogate punishment” in violation of constitutional protections.
With trials showing no signs of commencing, the court granted bail to Patil, calling for an urgent rethink in both policy and prosecutorial conduct to uphold the foundational values of justice and liberty.
