'Long Incarceration Can Damage Undertrial's Mental Health, Lead To Drug Abuse': Bombay HC Grants Bail To Murder Accused In Jail For Over 9 Yrs

The Bombay High Court on Friday (February 14) while granting bail to a man who spent more than nine years in jail, stressed on the long-term negative effects due to long incarceration on the physical and mental health of an individual.

Justice Milind Jadhav noted that the applicant Ganesh Mendarkar spent nine years and twenty five days in jail on a charge of murder, while the co-accused in the case, were already out on bail. 

"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. Incarcerated 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," Justice Jadhav said in the order.

Researchers have even theorized that incarceration can lead to Post-Incarceration Syndrome, a syndrome similar to PTSD, the court said. 

Therefore, the court granted bail to Mendarkar on a surety of Rs 50,000.

In doing so, the court also referred to the article written by Dr Chritian Jarret, Editor of British Psychological Society's Research Digest in his article "How Prisons Change People 1" which was published on BBC in 2018. 

 "Day after day, year after year, imagine having no space to call your own, no choice over who to be with, what to eat, or where to go. There is threat and suspicion everywhere. Love or even a gentle human touch can be difficult to find. You are separated from family and friends...This resonates when a case of an under-trial accused being in incarceration for more than 9 years pending trial comes before the Court. The present case is one such case" Justice Jadhav observed. 

Booked in a murder case, Mendarkar at present is 51 years old and he is in custody since January 20, 2016 i.e. for 9 years and 25 days.

"There are four accused in the crime and the other three accused have all been granted bail. Trial has commenced in 2018. As per the list of the witnesses filed by prosecution, there are 36 witnesses out of which witness action of the informant and three panch witnesses is over," the bench took into account. 

Case Title: Ganesh Mendarkar vs State of Maharashtra (Bail Application 597 of 2025)

Citation: 2025 LiveLaw (Bom) 65

Counsel for Applicant: Advocates BL Jagtap, Ashish Jagtap and Anushka Jagtap 

Counsel for State: Additional Public Prosecutor Megha Bajoria 

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