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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N. JADHAV, J
Ganesh Madhukar Mendarkar – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. applicant's long incarceration (Para 3 , 4) |
| 2. grounds for bail application (Para 5 , 6 , 7) |
| 3. consideration of long incarceration (Para 8) |
| 4. bail as a rule (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 5. bail granted with conditions (Para 28 , 29 , 30 , 31) |
JUDGMENT :
[MILIND N. JADHAV, J.]
"Day after day, year after year, imagine having no space to call your own, no choice over who to be with, what to eat, or where to go. There is threat and suspicion everywhere. Love or even a gentle human touch can be difficult to find. You are separated from family and friends..."
1. This extract in the article dated 01.05.2018 "How prison changes people, Available at https://www.bbc.com/future/article/20180430-the-unexpected-ways-prison-time-changes-people" written by Dr. Christian Jarret, Editor of British Psychological Society's Research Digest published on BBC resonates when a case of an under-trial accused being in incarceration for more than 9 years pending trial comes before the Court. The present case is one such case.
2. Heard Mr. Jagtap, learned Advocate for Applicant and Ms. Bajoria, learned APP for State.
3. Applicant
The court emphasized that bail is the rule and jail is the exception, particularly for under-trials with prolonged incarceration, highlighting the right to a speedy trial under Article 21.
The court emphasizes that prolonged incarceration violates the right to a speedy trial under Article 21, establishing that bail is the rule and jail is the exception.
Prolonged pre-trial detention violates the fundamental right to a speedy trial under Article 21, necessitating bail for the accused.
Prolonged incarceration without trial violates the right to speedy trial under Article 21, warranting bail as the rule and refusal as the exception.
The court emphasized that bail is the rule and jail is the exception, particularly in cases of long incarceration without trial, invoking the right to speedy justice under Article 21.
The right to speedy trial is fundamental under Article 21, and prolonged incarceration without trial necessitates bail, emphasizing that bail is the rule and jail is the exception.
Prolonged incarceration without trial violates the right to speedy justice under Article 21, necessitating bail despite the gravity of the charges.
The right to speedy trial under Article 21 of the Constitution is fundamental, and bail is the rule while jail is the exception, especially when trial has not commenced for an extended period.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial violates this right.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution of India, and prolonged pre-trial detention without justifiable reasons is a violation of this right.
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