Long Incarceration Can Promote Drug Abuse & Post-Incarceration Syndrome: Bombay High Court Grants Bail To Murder Accused Who Already Spent 12 Years In Jail As Under-Trial Prisoner

The High Court was considering a bail application of an Applicant - accused seeking regular bail in connection with a case registered under Section 302 of the Indian Penal Code, 1860 (IPC). The Applicant, an under-trial accused, had been incarcerated for 12 years, 6 months and 21 days.

The Single Bench of Justice Milind N. Jadhav said, “Long incarceration can have many negative effects on a person's mental and physical health. Long incarceration can lead to post-incarceration syndrome, which can include depression, anxiety and poor self-esteem. It can promote unhealthy behaviours like drug abuse. Inmates face social stigma, which can disrupt relationships with family and friends. Incarceration persons often suffer long-term consequences from having been subjected to pain, deprivation and extremely atypical patterns and norms of living and interacting with others. Prima facie, incarceration, rather long incarceration exposes under-trial accused to carceral environment which can be inherently damaging to the mental health of the under-trial accused coupled with the appalling conditions in the prisons. Researchers have even theorized that incarceration can lead to Post-Incarceration Syndrome, a syndrome similar to PTSD.”

Advocate Visshaal Khetre represented the Applicant while Additional Public Prosecutor Shilpa K. Gajare-Dhuma represented the State.

Reasoning

The Bench reiterated that a Court, while deciding a Bail Application, has to keep in mind the principal rule of bail, which is to ascertain whether the Accused is likely to appear before the Court for trial. There are other broad parameters also, like the gravity of the offence, the likelihood of accused repeating the offence while on bail, whether he would influence the witnesses and tamper with the evidence, and his antecedents are required to be considered in such cases.

The Bench took note of the fact that trials are taking perpetuity to conclude and prisons are also simultaneously overcrowded in some segments. Reference was made to a Report made by the Superintendent of Mumbai Central Prison stating that the Mumbai Central Prison (Arthur Road Jail) is overcrowded beyond its sanctioned capacity by more than 5 – 6 times, and every barrack sanctioned to house 50 inmates as on date houses anywhere between 220 – 250 inmates.

Coming to the facts of the case, the Bench said, “Argued before me is a case concerning liberty of an under-trial who has been incarcerated for 12 years 6 months and 21 days, a situation impacting the rights of under-trial conferred by Article 21 of Constitution to speedy justice as also personal liberty. In so far as the power of High Court to grant bail is concerned, when the case is such that involves a question of personal liberty of an undertrial who is incarcerated for a very long period, the powers are wide and unfettered by conditions, the principle rule being that bail is the rule and refusal is the exception, allowing accused persons to better prepare their defence.”

“Detaining an under-trial prisoner for such an extended period further violates his fundamental right to speedy trial flowing from Article 21 of the Constitution”, it further added.

Highlighting how long incarceration can have many negative effects on the under-trial's mental and physical health, the Bench allowed the bail application on the ground of long incarceration and the possibility of the trial not being completed in the near foreseeable future. “Applicant is directed to be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount”, it ordered.

Cause Title: Nayar Abbas Nasir Hussain Sayyed v. State of Maharashtra (Neutral Citation: 2025:BHC-AS:18551)

Appearance:

Applicant: Advocates Visshaal Khetre, Ramrao Jagtap

State: Additional Public Prosecutor Shilpa K. Gajare-Dhuma

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