Mumbai Court Denies Undertrial Prisoner Permission To Undergo IVF Treatment For Pregnancy

Additional Sessions Judge PP Bankar observed that if this application is allowed, the applicant will seek other reliefs which will affect the trial and burden the prosecution.

“as per directions of the Hon’ble High Court, the trial is likely to be completed in near future. There is substance in the contentions of the prosecution that if such type of permission will be granted, then there will be other applications also about the visit to doctor and for escorts and other reliefs. It will definitely burdened the prosecution”, the court held.

The applicant, a former prison guard at Central Jail, Byculla, has been in jail since 2017. She, along with five other women, have been accused of murder under section 302 of the IPC for the assault and custodial death of an inmate Manjula Shetye.

The Bombay High Court in 2018 rejected the bail applications of all the accused in the case and directed the trial court to expedite the trial.

In January this year, she approached the sessions court with an application seeking permission to undergo IVF treatment.

Additional Public Prosecutor Meera Chaudhary-Bhosle opposed the application arguing that if this application is allowed the applicant will have to visit the hospital for which escort will be required. She will seek bail on this ground which will affect the trial, Bhosle argued. She further argued that as the applicant resides near the jail, and the witnesses are residing in the jail, the applicant will pressurize the witnesses.

The court noted that the prosecution has already examined seven witnesses. On the past two dates of the hearing, though witnesses were present, they were not examined due to the pendency of the present application, the court noted.

The court said that in light of the HC’s directions, the trial is likely to be completed soon. The court opined that apprehension of the prosecution that it will cause inconvenience for trial cannot be ignored. Thus, the court concluded that the relief sought by the applicant is not sustainable while she is arrested and in jail.

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