The Bombay High Court reiterated the principle that bail is, in the first instance, granted and refusal is only exceptional, and being detained without trial is a pre-judgment sanction. Justice Milind Jadhav said this on May 9 after issuing bail to Vikas Patil, who had been held since 2018, in relation to the alleged killing of his brother.
Justice Jadhav expressed concerns around delays in the court system, which can be “perpetual”; sometimes trials drag on for too long. He outlined Maharashtra’s prisons’ serious overcrowding, citing a December 2024 report from the Arthur Road Jail. The barracks, originally designed for 50 people, were being utilized to detain anywhere from 220-250 inmates, representing a colossal lack of space (according to the report).
“This confrontation raises the urgent question – how can courts fulfill both the rights of the accused and the necessity to provide justice?” Justice Jadhav asked. Observing that a lot of prisoners are held in detention awaiting trial for long spells, he stressed how this extension violates their constitutional rights to fair and expeditious justice and personal liberty.
The judge referred to an article entitled Proof of Guilt written by two undertrial prisoners giving a description of what the detainees, who wait for trial, are going through. Although he appreciated that long detention per se might not qualify for bail, it is an important factor that courts need to consider when reaching bail decisions.
The court ruled in Patil’s case that the longer her detention, plus the lack of meaningful progress in the trial, posed a threat to her fundamental human rights. The decision underscores the urgent need for structural changes that will ensure expeditious trials and the rule that allows for no infringement of personal freedom without due legal procedures.
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