Delivering Child In Jail Will Certainly Impact Both Mother And Child: Bombay High Court Grants Bail To Pregnant Prisoner

The Nagpur bench of the Bombay High Court on Wednesday (November 27) granted six months bail to a pregnant prisoner for her delivery, observing that delivering the child in the jail atmosphere would certainly impact not only the mother but also the child.

Single-judge Justice Urmila Joshi-Phalke granted bail to a woman booked under the stringent Narcotics Drugs and Psychotropic Substances (NDPS) Act.

The judge said, "It is true that the applicant can be treated at the Government Hospital for the said purpose (delivery). However, delivering child during pregnancy in jail atmosphere would certainly impact not only on the applicant but also on child, which cannot be lost sight of."

Every person, the judge said, is entitled to dignity, which situation demands including prisoner.

"Delivering child in prison may have consequence on mother as well as child and, therefore, humane considerations are required," the bench said, while granting bail to the woman prisoner.

The bench was hearing a bail application filed by a woman prisoner, who was arrested while in possession of nearly 7.061 kg of Ganja under the NDPS Act.

The court noted that the applicant, when arrested on April 30, 2024, was pregnant and presently her delivery is due. The judge further noted that her symptoms indicated complications in the delivery and thus she needs to be treated/admitted in a private hospital for her delivery.

The bench also took into account the fact that the applicant was arrested while she was possessing commercial quantity of contraband. It said that there was "prima facie" material against the applicant.

However, while referring to the guidelines issued by the Supreme Court in RD Upadhya vs State of Andhra Pradesh, regarding child birth in prisons.

"There is a prima facie material. Yet, in the light of guidelines issued by the Apex Court, few factors are to be taken into consideration that release of the applicant does not pose a high security risk and would not cause any prejudice to the investigation though there is a rigour under section 37 of the NDPS Act. However, considering circumstances, the application to release the applicant on temporary bail deserves to be considered on humanitarian ground," the judge said.

With these observations, the judge granted bail to the applicant.

Appearance:

Advocate MV Rai appeared for the Applicant.

Additional Public Prosecutor SV Narale represented the State.

Case Title: SS vs State of Maharashtra (Criminal Application (BA) 940 of 2024)

Click Here To Read/Download Judgment