01-05-2025
Court grants bail to man accused of double murder, cites impact on mental health
The Bombay High Court has granted bail to a man accused in a twelve-year-old murder case, citing the negative effects of long-term incarceration on a person's mental and physical on charges of murdering two women after allegedly trespassing on their house with the intention of committing theft, accused Nayar Abbas Nasir Hussain Sayed has been behind bars for twelve years with just 24 prosecution witnesses examined in his case till lawyers, Visshaal Khetre and Ramrao Jagtap, have submitted that there is a probability of seventy more witnesses being produced in court.
"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," a bench of Justice Milind Jadhav court noted how incarceration, particularly long-term, exposes an under-trial accused to a "carceral environment which can be inherently damaging to the mental health of the under-trial accused coupled with the appalling conditions in the prisons".Justice Jadhav observed that research has theorised how incarceration can lead to Post-Incarceration Syndrome, a condition which is similar to Post-Traumatic Stress Disorder (PTSD) and can promote unhealthy behaviours like drug court regularly deals with bail applications of undertrials who have been in custody for long period and is also equally aware of the conditions of our prisons," said Justice court recalled a report dated December 12, 2024, submitted to him by the Superintendent of Mumbai Central Prison which stated, "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".Raising the question, "How can courts find a balance between the two polarities?", the bench brought up the state of overcrowded Indian prisons while inconclusive trials continue to bench saw no possibility of Sayed's trial concluding in the foreseeable future and said, "Hence on the grounds of long incarceration and the possibility of trial not being completed in the near foreseeable future, a bail application is allowed".
