Mumbai: The Bombay High Court has granted bail to an auto driver accused of murdering his uncle in 2021, citing prolonged incarceration and the severe overcrowding in Mumbai’s prisons. Mangesh Dashrath Gaikwad, had spent nearly three years and nine months in custody without trial, prompting the court to stress the importance of the fundamental right to a speedy trial under Article 21 of the Constitution.
The court noted that Mumbai Central Prison (Arthur Road Jail) was operating at five to six times its sanctioned capacity, with barracks designed for 50 inmates now housing as many as 250. Against this backdrop, the court raised a pressing question: “How can courts find a balance between the two polarities?”—the need for justice and the rights of undertrial prisoners.
Gaikwad was arrested on June 20, 2021, after he allegedly barged into his uncle Vinayak Gaikwad’s house, attacked him with a sharp weapon, and pushed him into a ditch. The attack was reportedly triggered by a family dispute after the victim had slapped Gaikwad’s father. He was booked for murder, attempted murder, and house trespass.
His lawyer, Prashant Pandey and Dinesh Jadhwani, argued that the prosecution’s case was entirely circumstantial, relying heavily on witness statements recorded at a delayed stage and a phone conversation with Gaikwad’s sister.
Pandey pointed out that Gaikwad had no prior criminal record and was the sole breadwinner of his family. Pandey further submitted that, despite the chargesheet being filed, there was no certainty of the trial commencing soon, making his prolonged incarceration a violation of his fundamental rights.
Opposing the bail plea, Additional Public Prosecutor Megha Bajoria contended that the crime was premeditated, pointing to phone transcripts where Gaikwad allegedly expressed “lack of remorse” and resentment over the victim’s actions. She insisted that his release posed a risk, as he could tamper with evidence or influence witnesses.
While the court acknowledged that Gaikwad had a clear motive for the crime, it took note of the long delay in trial proceedings. Justice Milind Jadhav observed that “bail is the rule and refusal is the exception” and reiterated the u rgent need to address undertrial detention in a system where trials are dragging on for years. The court underscored that detaining an accused indefinitely without trial violates the right to personal liberty.
Granting bail, the court directed Gaikwad to furnish a personal bond of Rs 25,000. He has been prohibited from leaving Maharashtra without permission and from residing in the Dahisar police station jurisdiction, except for attending the investigation. He must also regularly appear before the trial court and avoid unnecessary adjournments, failing which the prosecution may seek cancellation of bail.
