The Bombay High Court ruled that keeping an accused in jail without trial is unjust. It stressed that bail should be the standard, not the exception.
Mumbai: Today On May 11, The Bombay High Court has strongly stated that granting bail should be the normal practice in criminal cases, and denying it should be done only in exceptional circumstances.
The court said that keeping someone in jail for a long time without completing the trial is similar to punishing the person before the court finds him guilty.
The court also expressed concern over the increasing problem of overcrowded jails in Maharashtra.
Justice Milind Jadhav made these important remarks on May 9 while hearing the bail plea of a man named Vikas Patil. He was arrested in the year 2018 for allegedly killing his own brother.
After considering the facts and the long delay in the trial, the High Court decided to grant him bail.
The bench said,
“It is well settled that bail is the rule and refusal is an exception.”
This means that in Indian law, the basic idea is to grant bail unless there is a very strong reason to deny it.
The Court further added,
“Detaining a prisoner for an indefinite period without trial is a form of pre-trial punishment, and this is not acceptable under our legal system.”
The judge said that such situations can cause great injustice, especially when trials take years to conclude.
The bench also took serious note of the current condition of jails in the state, where too many prisoners are kept in small spaces.
It said,
“The issue of overcrowded prisons cannot be overlooked.”
The Court made it clear that courts should take a practical and fair approach while deciding bail applications.
According to the Court,
“A balance must be struck between the rights of the accused and the interest of the justice system.”
The judge pointed out that a person is considered innocent until proven guilty, and therefore, it is unfair to keep an undertrial prisoner behind bars for many years.
In this case, Vikas Patil was behind bars since 2018 and his trial had still not reached any conclusion. Taking this into account, the Court ordered his release on bail.
The Bombay High Court’s observation is a reminder to all lower courts and law enforcement authorities that the legal process must not become a punishment in itself.
The basic principles of justice, human rights, and fairness must be respected while handling criminal cases.
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