Temporary bail to pregnant woman. Nagpur bench of Bombay High Court says, delivery in jail would impact baby and mother
The Nagpur bench of the Bombay High Court has granted six months temporary bail to a pregnant woman, arrested in a drugs case, noting that delivering a child in a prison atmosphere would impact both the mother and the baby.
A single bench of Justice Urmila Joshi-Phalke in the order passed on November 27 said even a prisoner is entitled to dignity, and delivering a child in prison may have consequences.
The court ordered Soni to be released on a temporary bail for six months. The woman Surbhi Soni was arrested in April 2024 under the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The Gondia Railway Security Force had conducted a raid on a train and had recovered narcotic substances from five persons, including Soni.
As per the prosecution, it had seized 33 kilograms of ganja, a narcotic substance, from the accused, of which seven kilograms were found in Soni’s luggage.
At the time of her arrest, Soni was two months pregnant. She moved to the high court seeking bail on humanitarian grounds so that she could deliver her baby outside prison.
The prosecution opposed her plea claiming that commercial quantity contraband was seized from the accused and said due care would be taken in the prison for the delivery.
The bench said it was true that Soni could be treated at a government hospital while in custody for her delivery.
“However, delivering a child during pregnancy in a jail atmosphere would certainly impact not only the applicant (Soni) but also the child, which cannot be lost sight of,” the high court said.
“Every person is entitled to the dignity which the situation demands, including a prisoner. Delivering a child in prison may have consequences on the mother as well as the baby and therefore, humane considerations are required,” it said.
The court said prima facie there was material against the accused persons in the case, but releasing Soni on bail would not cause any prejudice to the investigation which is already complete and the chargesheet filed.
