The Bombay High Court has granted bail to an auto driver accused of murdering his uncle in 2021, citing prolonged incarceration and severe overcrowding in prisons.
The order, issued on Saturday, emphasized the fundamental right to a speedy trial under Article 21 of the Constitution, noting that the accused, Mangesh Dashrath Gaikwad, had been in custody for nearly three years and nine months without trial.
Gaikwad was arrested on June 20, 2021, for allegedly attacking his uncle, Vinayak Gaikwad, with a sharp weapon and pushing him into a ditch after a family dispute. The altercation was reportedly triggered when the victim slapped Gaikwad’s father. Following the incident, Gaikwad was charged with murder, attempted murder, and house trespass.
His defense, led by lawyers Prashant Pandey and Dinesh Jadhwani, argued that the case against him was largely circumstantial, relying on delayed witness statements and a phone conversation with Gaikwad’s sister. They also highlighted his clean criminal record and the fact that he was the sole breadwinner of his family. Despite the chargesheet being filed, they pointed out that there was no certainty of the trial commencing soon, making his prolonged detention a violation of his fundamental rights.
Opposing the bail plea, Additional Public Prosecutor Megha Bajoria contended that the crime was premeditated, citing phone transcripts where Gaikwad allegedly showed no remorse. She further argued that his release could lead to witness intimidation or evidence tampering.
The court, however, took into account the severe overcrowding at Mumbai Central Prison (Arthur Road Jail), where barracks meant for 50 inmates now accommodate as many as 250. Weighing the competing interests of justice and the rights of undertrial prisoners, the court acknowledged the systemic delays in trial proceedings.
Justice Milind Jadhav reiterated the principle that "bail is the rule, and refusal is the exception," stressing that indefinite detention without trial undermines personal liberty. The court's ruling underscores the urgent need for judicial reforms to prevent excessive delays in the trial process and ensure that undertrial prisoners are not subjected to unjustified incarceration.
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