Mumbai: The Bombay High Court on Friday granted bail to an accused who had spent more than nine years in jail as an undertrial prisoner, citing the adverse effects on those incarcerated for a prolonged period. The court pointed out that no one should be punished for prior conduct, either by conviction or solely on face value for an unconvicted individual, just to give him a taste of imprisonment.
Ganesh Madhukar Mendarkar, aged 51, was arrested on 21 January 2016, in a murder case in connection with the Dindoshi police station of Mumbai. The trial started in 2018, and by then, three of the four other accused had secured bail. However, Mendarkar remained in custody for nine years and 25 days before he got bail.
He was charged under several sections of the Indian Penal Code, such as Section 302 (murder), Section 397 (robbery with grievous hurt), and Section 34 (common intention). There were also other sections of law under the Maharashtra Police Act, 1951, and the Arms Act, 1959, regarding unlicensed arms and violations of public safety issues. Advocate BL Jagtap, representing Mendarkar, filed a bail application while bringing extreme consideration motivated by Mendarkar’s prolonged incarceration. The advocate stated the past decade has gone against Mendarkar’s well-being.
Longer jail time generates a syndrome called post-incarceration syndrome, including depression, anxiety, and poor self-esteem, which is something that could lead to drug addiction later on. Inmates also go through social stigmatization, which sabotages relations between them and their families and friends, the court observed.Â
Additional Public Prosecutor Megha S. Bajoria appearing for Accused assured the Court that every effort would be made for the trial to be completed within three months. A single-judge bench of Justice Milind Jadhav granted bail, keeping in mind the issue of extended custody. These include the grave nature of the offence, antecedents of the applicant, the possibility of him influencing the witnesses or tampering with evidence as well as re-offending on bail. She also expressed serious concern about overcrowding in prisons and delays in the judicial process. “Trials are taking an infinite time to conclude, with overpopulation simultaneously overcrowding many of the prisons,” it found.
To refer to a report written by the superintendent of the Mumbai Central Prison (Arthur Road Jail), dated December 12, 2024, it turned out that the prison was beyond its sanctioned strength. As reported, barracks which were meant to accommodate 50 inmates were housing between 220 to 250 prisoners each.
The court also commented on the wider issue of pre-trial detention as a reflection of critical views on law enforcement agencies’ indiscriminate arrests. “This indeed shows a mindset that belongs to the colonial policy of India; arresting is undoubtedly a draconian step that curtails one’s liberty and thus should be exercised only in very exceptional circumstances,” the court remarked.
“A police state can never be allowed to remain in the minds of the people in the two are opposites in concepts.”
Citing legal precedents, among them the famous Meerut Conspiracy Case, the court reiterated that bail is to be the norm, not the exception. The court cited the applicable Supreme Court decisions which have recognized that bail cannot oftentimes be curtailed, because the procedure itself must be reasonable and fair. “Bail is the rule and jail is the exception,” the court added.
Post Incarceration
Post-incarceration refers to the period after a person is released from prison and reintegrates into society. Many face Post-Incarceration Syndrome (PICS), experiencing anxiety, depression, PTSD, and difficulty adapting to freedom after strict prison routines.
Social stigmatization is another major hurdle, as former inmates struggle to find jobs, housing, and acceptance. Economic challenges further increase the risk of recidivism, where individuals reoffend due to a lack of support.
Reintegration programs offering skill training, mental health support, and employment opportunities can help former prisoners rebuild their lives. A focus on rehabilitation over punishment is key to breaking the cycle of crime and incarceration.
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