Detaining prisoner without trial amounts to pre-trial punishment; bail is rule, says HC

Bombay High Court emphasizes bail as the rule, not the exception, highlighting overcrowded jails and delayed trials.

The Bombay High Court has emphasised that the principle of bail is the rule, and refusal is an exception, saying detaining a prisoner for a long period without trial amounts to "pre-trial punishment".

A Bench of Justice Milind Jadhav on May 9 also took note of overcrowded jails in the State, and said the courts need to strike a balance.

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The Bench made the observations while granting bail to one Vikas Patil, arrested for allegedly killing his brother in 2018.

Justice Jadhav noted that trials are nowadays taking perpetuity to conclude, and prisons were simultaneously overcrowded in some segments.

The Bench said it regularly deals with cases where undertrial prisoners have been in custody for a long period, and is equally aware of the conditions of the prisons.

Justice Jadhav referred to a December 2024 report from the superintendent of the Arthur Road Jail, which stated that the facility was overcrowded beyond its sanctioned capacity by more than six times.