After 7 years, HC grants bail to two women personnel of Byculla Jail

The Bombay high court granted bail to two women jail officials in the 2017 custodial death of inmate Manjula Shetye, citing prolonged incarceration.

MUMBAI: The Bombay high court on Wednesday granted bail to two women jail officials arrested in the custodial death of Byculla inmate Manjula Shetye in 2017. The bail was granted primarily because of their prolonged incarceration of more than seven and a half years.

MISSING METHODE IMAGE - Mumbai, India - June 24, 2017 : 38-year-old Manjula Shetye who was allegedly murdered brutally in the Byculla prison by six jail officials.

Sheetal Vasanta Shegaonkar, a jailor of Byculla women’s prison, and Manisha Gulab Pokharkar, a police constable, were arrested on July 1, 2017, for assaulting Shetye to death. Charges against them include murder, conspiracy, destruction of evidence, and criminal intimidation. The prosecution’s case stated both personnel were on duty when Shetye was found dead under suspicious circumstances.

Advocates Sudeep Pasbola and Rajendra Rathod, representing the accused, pointed out that the accused had suffered incarceration for 7 years, 8 months, and 25 days, as the trial was progressing very slowly. They also sought parity with a co-accused, constable Surekha Gorakshanath Gavle, who was granted bail in December last year.

Additional public prosecutor Rajeshree V Newton opposed the bail pleas, stating that the role and active involvement of the accused had been proved through relevant evidence. She argued that the gravity of the offence does not deserve leniency.

Contemplating the twin issues of prolonged incarceration and parity, the single judge bench of Justice Milind Jadhav granted bail to Shegaonkar and Pokharkar.

“Justification for such long pendency of trial, long incarceration, and no reasonable certainty of the trial being completed in the foreseeable future, persuades me to consider the bail applications,” he said.

Considering that they have been incarcerated for too long, and citing reports of overcrowded jails, the court decided to grant them bail. “Long incarceration can lead to Post-Incarceration Syndrome (PICS) and promote unhealthy behaviours like drug abuse. Inmates face social stigma which can disrupt relationships with family and friends. Prima facie, incarceration, rather, long incarceration, exposes under-trial accused to a carceral environment, which can be inherently damaging to mental health. Researchers have even theorized that incarceration can lead to PICS, a syndrome similar to PTSD,” the court said.