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Synopsis

Additional Sessions Judge Priya Bhankar of the Mumbai Court has recently denied an undertrial woman to undergo IVF treatment while observing that it will burden the prosecution for visits to doctors, escorts and other reliefs. 

"As it appears that 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 judge observed. 

The prosecution had opposed the plea on the ground that if the said permission was granted, the accused would seek permission to visit the hospital and an escort will be required.

It was further submitted that the accused would, after the treatment file a bail application, and therefore, the trial will be affected. It was also submitted that the high court had given direction to expedite the matter and that the bail application filed by the accused and other accused was already rejected on merits by the high court.

The application was also opposed on the ground that the accused was residing in the vicinity of the Central Jail, Byculla where other witnesses in this case also stayed and therefore, she will pressurize the said witnesses. 

Judge Priya Bhankar agreed with the submission of the prosecution and noted that the inconvenience to the trial could not be ignored.

"The relief sought by accused is not sustainable while accused is arrested and kept in jail. The apprehension of the prosecution is that it will cause inconvenience for trial cannot be ignored. Therefore, I do not find, the application is sustainable," the judge noted while denying requisite permission to the accused.

Case Title: ABC vs. State of Maharashtra