Bombay High Court: Bail is the Rule, Detaining Prisoner Without Trial is Pre-trial Punishment

Bombay High Court: Bail is the Rule, Detaining Prisoner Without Trial is Pre-trial Punishment

May 11, 2025

The Bombay High Court emphasized in a recent ruling that bail should be the norm, not the exception. Justice Jadhav asserted that detaining a prisoner for an extended period without trial amounts to pre-trial punishment. The court granted bail to Vikas Patil, charged with killing his brother in 2018, while acknowledging the delays in trials and overcrowding in jails. The court highlighted the constitutional rights of undertrial prisoners and the need for a speedy trial. It also criticized the prosecution's approach of opposing bail pleas under the misconception that severity of the crime justifies prolonged detainment. The decision underscores the importance of upholding the presumption of innocence until proven guilty.

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Tags: Bombay high court, Bail, Prisoners, Trial, Overcrowded jails,

Nancie Haslett

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