Bombay HC grants pregnant woman six-month bail for delivery

Bombay High Court grants temporary bail to pregnant woman arrested for drug possession on humanitarian grounds.

The Nagpur Bench of the Bombay High Court has granted temporary bail of six months to a pregnant woman for delivery. Arrested on April 30, 2024, the woman was booked under Sections 20 (b) (ii), 29, and 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The Gondia Railway Security Force had registered the case after a raid on the Sambalpur-Pune Express during which they recovered ganja hidden beneath the seats of five passengers, including the woman. Investigation revealed that the woman, her husband, along with other co-accused, were carrying 33kg of the contraband worth ₹6.64 lakh, of which 7kg was seized from the woman.

At the time of the arrest, she was two months’ pregnant and at present is in an advanced stage of pregnancy, submitted advocate M.V. Rai for the applicant. Her symptoms indicate complications in childbirth and she needs to be admitted to a private hospital, the lawyer said.

Additional Public Prosecutor S.V. Narale opposed the plea saying that due care will be taken in the prison for the delivery. However, granting bail, Justice Urmila Joshi-Phalke noted in the order, “It is true that the applicant can be treated at the government hospital for the said purpose. However, delivering a child during pregnancy in jail atmosphere would certainly impact not only the applicant but also the child, which cannot be lost sight of. Every person is entitled to dignity which situation demands, including prisoners. Delivering child in prison may have consequence on mother as well as child and, therefore, humane considerations are required.”

The order was passed on Wednesday (November 27, 2024) and made available on Thursday (November 28, 2024) evening.

Citing humanitarian grounds, the court said, “As far as merits are concerned, there is a prima facie material. Yet, in the light of guidelines issued by the 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.”