Being Detained While Pregnant May Negatively Impact Mother, Unborn Child: Punjab & Haryana High Court Grants Interim Bail To Murder Accused

The Punjab & Haryana High Court has granted interim bail for three months, to an eight-month pregnant woman accused in a murder case observing that being detained while pregnant may lead to heightened stress levels, which can negatively impact both the mother and the unborn child.

Justice Harkesh Manuja said, "Detention facilities might not be equipped to provide the necessary medical care and attention that pregnant women require and thus, grant of interim bail allows them to access proper medical facilities and prenatal care, which is crucial for their well-being and the well-being of their unborn child. Further, being detained while pregnant may lead to heightened stress levels, which can negatively impact both the mother and the unborn child and at this stage well-being or the unborn child is a paramount concern."

These observations came in an interim bail plea by a woman accused in a murder case from July, 2023. The petition was filed under Section 439 Cr.P.C. seeking interim bail to the petitioner for six months on medical grounds.

Perusing the medical report of the Jail Superintendent, the Court noted that, the petitioner was pregnant, with expected date of delivery being 13.03.2024.

The Court observed that the necessity of granting interim bail to pregnant women is a matter of humane treatment in view of their unique circumstances as pregnancy can come with various health risks and complications.

Consequently, the Court granted interim bail for three months stating that, "The petitioner shall surrender herself before the Jail Authorities on expiry of period of three months."

Appearance: Divyam Singh Dhakla, Advocate for the petitioner

 Gurmeet Singh, AAG Haryana.

Citation: 2024 LiveLaw (PH) 41