1 day ago
Bombay High Court Grants Bail to Young Murder Accused
The Bombay High Court gave bail to a 25-year-old man accused of murder.
He had been in jail for more than five years without his trial being completed.
The court said only three of about 35 witnesses had testified.
This meant the case might take much longer to finish.
The judges said people who have not been found guilty should not be kept in jail for too long.
They also said prison can expose young people to harmful criminal influences.
The court believed the man should have a chance to reform and live responsibly in society.
It said his family could help him lead a better life while he was out on bail.
The Bombay High Court granted bail to 25-year-old Shubham Balasaheb Takale, accused in a 2018 murder case.
Takale had spent five years and three months in custody while awaiting trial.
Only three of approximately 35 prosecution witnesses had been examined, making a speedy trial unlikely.
Justice Milind N Jadhav said prolonged incarceration could expose young offenders to criminal influences and harm their prospects of rehabilitation.
The court cited the presumption of innocence, the principle that bail is the rule, and the Article 21 right to speedy trial and personal liberty.
- Who
- The Bombay High Court, Justice Milind N Jadhav, and 25-year-old accused Shubham Balasaheb Takale.
- What
- The court granted bail to Takale in a 2018 murder case after more than five years of pre-trial custody.
- Where
- The Bombay High Court.
- When
- The ruling was heard and issued on August 31; the accused had been detained for five years and three months.
- Why
- Because of the prolonged delay in trial, the accused’s young age, and his constitutional rights to speedy trial and personal liberty; the court also considered rehabilitation and social reintegration.
Key facts
- Accused
- Shubham Balasaheb Takale, aged 25
- Case
- 2018 murder case
- Custody
- Five years and three months as an undertrial
- Trial progress
- Three of approximately 35 witnesses had been examined
- Charges
- Murder, voluntarily causing hurt, criminal intimidation, unlawful assembly, and rioting-related offences under the IPC
- Judge
- Justice Milind N Jadhav
- Constitutional issue
- Article 21 rights to speedy trial and personal liberty
Quotes
Justice Milind N Jadhav
Bombay High Court judge who heard the bail application
“This is a chance which the court must take considering the young age of the accused person. The applicant is very young. If the applicant is incarcerated in prison further, there is every possibility that he might lose faith in the institution and society at large and may tread the path of criminality or would waste his life.”
indianexpress.com
“Considering the applicant’s age, if he is enlarged on bail, the court is hopeful that his family will undoubtedly do their duty to make every effort and attempt to reform and aid the applicant in leading a reformed life while on bail rather than keep him in prison and expose him to a criminal outlook and life in prison”
indianexpress.com
Sources
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