HC gives 20-year-old murder accused ‘chance to reform’ after 4 years in jail

A single-judge bench of Justice Milind Jadhav noted that the prosecution had not examined even one witness in the case and that the trial was yet to commence

MUMBAI: Observing that young offenders should be given an opportunity to reform, rehabilitate and earn a livelihood rather than remain in prison and be “exposed to criminal outlook”, the Bombay High Court on Monday granted bail to a 20-year-old man accused in a murder case who had spent more than four years in custody without his trial commencing.

HC gives 20-year-old murder accused ‘chance to reform’ after 4 years in jail.

A single-judge bench of Justice Milind Jadhav noted that the prosecution had not examined even one witness in the case and that the trial was yet to commence. While the trial would determine whether the accused was involved in the offence, the court said his opportunity for reform and rehabilitation had to be considered, particularly given his age.

“This is a chance required to be taken by the court because punishment has to be believed to be inflicted for a reformative result rather than being punitive in nature”, the judge said.

The court was hearing a bail plea filed by Tarun Tak, who was arrested in 2018 in the murder case. He was temporarily released on bail during the Covid-19 pandemic and was later granted bail in another case in which he was wanted under the Maharashtra Control of Organised Crime Act (MCOCA). He surrendered in the murder case in July, 2023, despite having been granted bail in the other case, and has remained in custody since then.

“If he 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. Incarceration in prison exposes many youth to abuse as is shown statistically”, it said.

The bench highlighted the “harms of incarceration which are inflicted disproportionately on the youth” and said courts should adopt a reformative approach wherever there was scope to do so.

It said that if an accused is given bail because of his young age, his family also has a responsibility to help him reform and rehabilitate. The court observed that there was a possibility that a young accused could reflect on his actions and feel remorse.

“Every opportunity or to that extent risk should be constructively taken by the court in the case of young offenders and give them an opportunity to become a good citizen in the society”, the court added.

The bench clarified that its observations were limited to the accused’s young age and ordered his release on a ₹25,000 personal bond with one or two sureties in the same amount.