Bombay HC Grants Bail To Man Jailed Since 2018 For Brother's Murder, Cites Trial Delay

Reaffirming the right to a speedy trial and flagging delay in trials, the Bombay High Court has granted bail to a man, who has been in custody for more than six and a half years without any progress in his trial. 

Vikas Patil was arrested on October 15, 2018, for the alleged murder of his younger brother. The case was registered at Malwani Police Station by his mother. 

The High Court observed that Patil’s continued incarceration amounted to pre-trial punishment, violating his fundamental rights under Article 21 of the Constitution. “There is no distinct possibility of the trial commencing or concluding in the foreseeable future,” Justice Milind Jadhav said on May 9. 

The court pointed out that despite the seriousness of the offence, the prolonged pre-trial detention could not be justified. “Detaining an under-trial person in prison for a long period only serves to legitimise the award of ‘surrogate punishment’ without trial,” the court said.

It also referred to a December 2024 report from the Superintendent of Mumbai Central Prison (Arthur Road Jail), which highlighted severe overcrowding—barracks meant for 50 inmates housing between 220–250 prisoners. The judge remarked that such conditions further compounded the infringement of an under-trial’s rights.

Drawing attention to broader concerns, the High Court cited an article written by two under-trial prisoners titled Proof of Guilt, which posed a compelling question: “How long is too long a period of incarceration as an under-trial for a Court to conclude that the right to speedy trial is defeated?” The judge called the question “relevant prima facie” and noted that while long incarceration is not an automatic ground for bail, it is “an important—rather, the most important—issue” when assessing the right to a speedy trial.

The court also criticised the prosecution’s frequent and rigid opposition to bail solely on the basis of the seriousness of the offence, especially in cases where the trial had not even commenced.

“There is a mistaken impression that the severity of the charge alone should deny bail, even when the accused has been in custody for years without trial,” the court underscored.

Granting bail, the court directed Patil’s release on furnishing a personal bond of Rs. 5,000.