Bombay High Court Grants Six Months’ Bail to Pregnant Inmate, Citing Jail Environment’s Effect on Mother and Child.

The Bombay High Court has granted a six-month bail to a pregnant inmate so she can give birth outside of prison. The court stressed that having a baby in jail could harm both the mother and the child. The woman was arrested under the strict Narcotic Drugs and Psychotropic Substances (NDPS) Act. Justice Urmila Joshi-Phalke noted that while the woman could receive care at a government hospital, the prison environment during childbirth would negatively affect both her and her baby. The court emphasized that all individuals, including those in prison, deserve dignity, and humane factors should be considered in childbirth cases.

Advocate MV Rai represented the woman, while Additional Public Prosecutor SV Narale represented the state. The court pointed out that the woman was arrested on April 30, 2024, for having over 7 kg of ganja and was already pregnant at that time. The court also mentioned that she was facing complications in her pregnancy, necessitating treatment in a private hospital for a safe delivery.

The Court recognized that there was clear evidence against the woman, including the large amount of drugs she had. However, it referred to the Supreme Court’s guidelines from the RD Upadhya vs. State of Andhra Pradesh case, which discuss childbirth in prisons. The Court stated that while there is clear evidence, certain factors must be considered. They noted that releasing the woman would not pose a significant security risk or harm the investigation, despite the strict rules under section 37 of the NDPS Act. Given the circumstances, the request for temporary bail was seen as deserving of consideration on humanitarian grounds. As a result, bail was granted for six months, taking into account her health needs.

Cause Title: Surbhi v. State of Maharashtra, [2024:BHC-NAG:12842]