GANESH MADHUKAR MENDARKAR vs THE STATE OF MAHARASHTRA

Judgment text excerpt

909. BA-597-2025.doc Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 597 OF 2025 Ganesh Madhukar Mendarkar .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. B.L. Jagtap i/by Mr. Ashish Jagtap & Ms. Anushka Jagtap for Applicant  Ms. Megha S. Bajoria, APP for State  Retired ACP Mr. Anavarkar & PSI Mr. Desai ................... CORAM : MILIND N. JADHAV, J. DATE : FEBRUARY 14, 2025 JUDGMENT: "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..." 1. This extract in the article dated 01.05.2018 "How prison changes people 1" written by Dr. Christian Jarret, Editor of British Psychological Society's Research Digest published on BBC 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. 2. Heard Mr. Jagtap, learned Advocate for Applicant and Ms. Bajoria, learned APP for State. 1 Available at https://www.bbc.com/future/article/20180430-the-unexpected-ways-prison-time- changes-people 1 of 21 909. BA-597-2025.doc 3. Applicant - accused has filed the present Application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") in connection with Crime No. 45/2016 registered with Dindoshi Police Station, Mumbai for the offences punishable under Sections 302, 397 and 34 of the Indian Penal Code, 1960 (for short, "IPC"); Sections 4 and 25 of Indian Arms Act, 1959 and Sections 37(1) and 135 of the Maharashtra Police Act, 1