Detaining prisoner without trial amounts to pre-trial punishment; bail is rule, says HC
Mumbai, May 11 (PTI): 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.
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.
It noted that every barrack sanctioned to house only 50 inmates, as of date, has anywhere between 220 to 250 inmates.
"Such an incongruity leads us to answer the proposition: How can courts find a balance between the two polarities?" Justice Jadhav remarked.
The court said these are cases concerning the liberty of undertrial prisoners who have been incarcerated for long periods, impacting their constitutional right to speedy justice and personal liberty.
The principle rule is bail is the rule, and refusal is the exception, it said.
Justice Jadhav referred to an article written by two undertrial prisoners, "Proof of Guilt", which raised the question of the long incarceration of persons awaiting trial.
He said while mere long incarceration cannot be an absolute proposition for bail, it was an important issue that needed consideration along with the right to a speedy trial.
The paradox in the question raised in the article as to how long is too long a period of incarceration until the right to a speedy trial is defeated is relevant prima facie, and there cannot be one definite answer, the court remarked.
Detaining an undertrial prisoner for a long period only served to legitimise the award of "surrogate punishment" without trial, which amounts to pre-trial punishment, the court said.
The bench also called for a change in the mindset and approach of the prosecution and referred to how prosecutors vehemently oppose bail pleas even in cases of long incarceration pending trial under the mistaken impression that the crime was serious, and hence, bail should not be granted.
"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," Justice Jadhav said.
The court noted that in the present case, the accused has been in jail for over six years, and there is no distinct possibility of the trial to start or conclude in the near foreseeable future.
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JD(U) supremo Nitish Kumar's son Nishant to start maiden political yatra on Sunday
Patna (PTI): JD(U) leader Nishant Kumar, whose belated political entry has shone a ray of hope on the party rattled by his father Nitish Kumar's sudden relinquishment of power, is set to launch his first public outreach programme in Bihar on Sunday.
The 45-year-old, who joined the party only last month, is scheduled to kick off his "Sadbhav Yatra" (goodwill tour) from Valmiki Nagar in West Champaran district.
The place had been chosen multiple times by his father as the starting point for numerous "yatras" during a nearly two-decade-long tenure as the chief minister of Bihar.
The party, which is still recovering from the shock of the 75-year-old leader's sudden decision to enter the Rajya Sabha, triggering fears of a diminution in political clout, has coined a catchy slogan to announce the arrival of the heir apparent.
"Jai Nishant, tay Nishant" (victory for Nishant, his rise is inevitable) is a catchphrase that can now be seen splashed on the JD(U)'s posters as well as social media handles.
On the eve of the launch of "Sadbhav Yatra", JD(U) spokesperson and MLC Neeraj Kumar told a press conference in West Champaran's headquarters of Bettiah, that "Nishant belongs to the land where Emperor Asoka was born.
Like his father, he is starting a Yatra from the land of Sage Valmiki".
"Both Valmiki and Asoka epitomised renunciation. Our supreme leader Nitish Kumar showed the same spirit of renunciation when he decided to give up the seat of power to live by his convictions," said Neeraj Kumar.
He added that "the same dispassion for power has been demonstrated by Nishant. He could have secured a berth in the new Cabinet or the state legislature any time. But he chose to shun shortcuts and earn his spurs through the tried and tested method of mass contact".
After the JD(U) supremo stepped down as chief minister, a new government headed by BJP leader Samrat Choudhary has been formed in Bihar.
"Nitish Kumar had always followed the policy of zero tolerance for crime, corruption and communalism. The new government, too, has adopted the same as its motto. In Nishant, we have a leader who will carry forward the legacy," said Neeraj Kumar.
