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Synopsis

The Bombay High Court recently granted bail to a pregnant woman who was booked in an NDPS case while observing that delivering a child in jail will impact the mother and child.

“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 is entitled to dignity which situation demands including prisoner,” the order reads.

A single-judge bench of the high court at Nagpur comprising Justice Urmila Joshi Phalke was hearing a bail application of a pregnant woman who was booked in an NDPS case after Ganja was recovered from her.

The public prosecutor opposed the bail application arguing that during the investigation, a commercial quantity of “Ganja” was found in possession of the applicant and other co-accused persons including her husband.

The woman argued that only 7.061 kilograms of “Ganja” was seized, which is not a commercial quantity. She added that the application is filed mainly on the grounds that she is having an advanced stage of pregnancy and, therefore, for a limited period, she be released on bail.

It was submitted that she is exhibiting symptoms, that are indicative of probable complications at the time of delivery of the child and, therefore, on humanitarian grounds, the applicant deserves to be released on temporary bail.

However, the bench granted bail to the woman while noting that, “Yet, in the light of guidelines issued by the Hon’ble 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 order states.

Case title: Surbhi Soni vs State of Maharashtra