Long incarceration can lead to depression, anxiety and poor self-esteem: HC

The court also highlighted the severe psychological and social consequences of prolonged incarceration. “Long incarceration can lead to post-incarceration syndrome, which includes depression, anxiety, and poor self-esteem. It can promote unhealthy behaviours such as drug abuse

Mumbai: The Bombay High Court on Friday granted bail to an accused who had spent over nine years in jail as an undertrial prisoner, citing the detrimental impact of prolonged incarceration. The court emphasised that denying bail should not serve as a punishment for past conduct, whether or not the accused has been convicted.

Long incarceration can lead to depression, anxiety and poor self-esteem: HC

“It would be improper for any court to refuse bail as a mark of disapproval of former conduct, whether the accused has been convicted for it or not, or to refuse bail to an unconvicted person merely to give him a taste of imprisonment as a lesson,” the court stated.

The court also highlighted the severe psychological and social consequences of prolonged incarceration. “Long incarceration can lead to post-incarceration syndrome, which includes depression, anxiety, and poor self-esteem. It can promote unhealthy behaviours such as drug abuse. Inmates also face social stigma, which can disrupt relationships with family and friends,” it noted.

Ganesh Madhukar Mendarkar, 51, was arrested on January 21, 2016, in connection with a murder case registered at the Dindoshi police station in Mumbai. While the trial commenced in 2018, three out of the four accused in the case were granted bail. However, Mendarkar remained in custody for nine years and 25 days before securing bail.

He faced charges under multiple sections of the Indian Penal Code (IPC), including Section 302 (murder), Section 397 (robbery with grievous hurt), and Section 34 (common intention). Additionally, he was charged under the Arms Act, 1959, and the Maharashtra Police Act, 1951, for offences related to unlicensed arms and public safety violations.

Advocate BL Jagtap, representing Mendarkar, filed a bail application citing his prolonged incarceration and deteriorating health, arguing that continued detention would be detrimental to his well-being.

Additional Public Prosecutor Megha S Bajoria, representing the prosecution, assured the court that all efforts would be made to complete the trial within three months.

A single-judge bench of Justice Milind Jadhav granted bail, considering Mendarkar’s extended period of custody. The court evaluated key factors, including the gravity of the offence, his antecedents, the likelihood of reoffending while on bail, and the possibility of influencing witnesses or tampering with evidence.

Concerns over prison overcrowding

The court also raised serious concerns over prison overcrowding and delays in the judicial process. “Trials are taking perpetuity to conclude, and prisons are simultaneously overcrowded in some segments,” it observed.

It referred to a report by the superintendent of Mumbai Central Prison (Arthur Road Jail) dated December 12, 2024, which revealed that the prison was operating beyond its sanctioned capacity. According to the report, barracks designed to accommodate 50 inmates were housing between 220 and 250 prisoners each.

Reflecting on the broader issue of pre-trial detention, the court criticised the indiscriminate use of arrests by law enforcement agencies. “It certainly exhibits the mindset, a vestige of colonial India, on the part of the investigating agency, notwithstanding the fact that arrest is a draconian measure resulting in curtailment of liberty and thus to be used sparingly,” the court remarked.

“In a democracy, there can never be an impression that it is a police state, as both are conceptually opposite to each other.”

Citing legal precedents, including the famous Meerut Conspiracy Case, the court reiterated that bail should be the norm, not the exception. It referenced Supreme Court judgments affirming that bail rights cannot be curtailed unless the procedure is reasonable and fair. “Bail is the rule and jail is the exception,” it asserted.

Psychological toll

The court referred to research linking long-term imprisonment to post-incarceration syndrome, a condition akin to post-traumatic stress disorder (PTSD). “Prima facie, prolonged incarceration exposes undertrial accused to a carceral environment that can be inherently damaging to their mental health, especially given the appalling conditions in prisons,” the court observed.

The judgment serves as a significant reminder of the need for judicial reform, faster trials, and humane treatment of undertrial prisoners languishing in overcrowded jails across the country.